Cancelling contract / membership with gym

[Floof79]

Hoping for some advice. Some years ago my DH and I joined a gym (part of a small chain) which, in late 2024, was sold to a larger group of gyms as a going concern. We were at that time on a rolling contract, paying monthly, and no new documents / contracts were issued by the new ownership. There have been some changes - classes which used to be available now aren’t, and my DS now has to be supervised until he’s 16 whereas beforehand it would have been until 13. They are also now seeking to increase the price (tbf, by a relatively nominal amount and in line with rising costs we’re seeing elsewhere).

I enquired today about cancellation and was advised that my old contact has “flowed through” to the new owning company and that the 3 month notice period still applies.

Can legal minds advise? Does this sound correct and are there any factors which might convince them to shorten the notice period?

For the avoidance of doubt, I’m not planning any moves along the lines of cancelling my direct debit as I am aware that will not impact on the contract and might leave me with some adverse credit score issues

TIA

Standard practice I’m afraid unless you can persuade them they are not offering what you signed up for you’re stuck.

Yes, I feared this might be the case. I just wondered how it stood if we had no contract with the new company, and if we were to say that the rate increase was not acceptable to us?

I would think it depends on if they sent updated t&c's.
I would imagine they emailed you this and your continued use would indicate you agreed with the new terms.

However if you might be able to prove it isn't what you signed up for, but again I would think this would depend on how long you have accepted these changes.

I would however challenge it, because there is nothing to lose.

I’m pretty confident no new t&cs were issued when the new company took over, but take your point about continued use….

Hopefully someone else will be along with more advice, but I would send an email asking for proof when they sent the new t&c's. Then I would question the contract as it is so different to what you signed up for.

With things like this often you don't need to be right, just persistent - then it is easier for them to cancel 'as a gesture of goodwill' than keep replying

I just wondered how it stood if we had no contract with the new company

Legally, you almost certainly do have a contract with the new company - they have taken on the rights and responsibilities set out in your original contract.

Check the T&Cs of that contract, there should be an assignment clause covering this, likely stating that (assuming there are no materially significant changes to the terms or services as a result) they can do so without notifying you, or obtaining your permission.

If you don't have a copy, they are required to provide you with one.

and if we were to say that the rate increase was not acceptable to us?

Again, check the terms of your contact. There will be a clause covering increases to membership fees, and whether or not you have an option to reject them via an early/reduced notice of termination.

Finding them unacceptable is only contractually relevant if the increase is manifestly unfair, but you say that's not the case.

There are circumstances in which the term governing increases itself could be considered unfair, but you'd need to post the exact language.

Are there any factors which might convince them to shorten the notice period?

It comes down to the exit/notice terms in your contact...but from the information you've given, it's unlikely.

As long as they're following those terms, the terms are fair and they haven't made significant material changes to them without informing you, there's likely no contractual reason for them to release you early (and gyms generally do not like to set that precedent!)

I’m pretty confident no new t&cs were issued when the new company took over

I think I've understood this correctly but just to be clear, you're saying that the three month notice period that the new owners are holding you to is what was stated in your original contract when you first signed up under the previous ownership?

It's not the case that your original notice period was - for example - 30 days, and the new owners have increased it to 90 days in line with their own terms? If so this would likely constitute a significant material change to your terms, and they should have communicated this to you clearly in writing.

I enquired today about cancellation and was advised that my old contact has “flowed through” to the new owning company and that the 3 month notice period still applies.

So is it the case then that anyone currently signing up under the new ownership can get out of an equivalent contract with less than 90 days notice?

This could give you cause to argue that your contract is unfair, as you're paying the same money for less favourable terms and haven't been given the option of switching.

If you're intent on pressing the issue, you should raise this directly with the manager. You can argue against unfair terms under the Consumer Rights Act 2015 and potentially get them removed, amended, or have the contract cancelled completely without penalty.

The law might not be entirely on your side (or it may, I'm not sure!) but if they think you're willing to make an issue of it, they might want to save themselves the hassle!

Is it David Lloyd? They will normally robustly defend the three month notice.

how long ago was the change to how your DS needed supervising? If recent you could argue a material change to terms and conditions and leave sooner. I’d certainly be tempted to say nobody told you of the new notice period, but you’ll get nowhere arguing with head office. You’d need to get advice from citizens advice and then cancel the direct debit and defend yourself. If the old company’s notice period was also three months this won’t apply.

or alternatively mock up a bill using AI showing you’ve moved house to a new address more than 15 miles from the nearest branch and they’ll let you cancel immediately.

OP said in her first post that she - quite rightly - won't be canceling her DD. Missing payments you almost certainly owe is poor advice that could impact her credit score.

Committing fraud is also terrible advice.

The change in supervision age for her son is extremely unlikely to be considered a significant enough reduction is service to cancel a membership and even if it was, it would only be relevant to her son, not her and her partner.

Well she’ll just have to pay the three months then because DL for sure (and I imagine a lot of other gyms) play hard ball and even if you’re legally in the right about a change in terms and conditions refuse to engage with you. Which is why I said consult citizens advice to make sure you’re legally right before cancelling a direct debit. Because if you cancel it and are legally right and tell them this they won’t chase your for it. But if you just tell them you’re legally right they will fob you off and take your money anyway.

the fraud of changing address has worked for a lot of people I know. Probably is terrible advice but it works. 😁. I’m sure the OP is a big girl who can decide if she wants to take the risk or not of being caught out.

I dont see how they can enforce this. They have unilaterally changed the terms of the contract without you agreeing. The problem may be that you have left it for some time now so I suppose your agreement could be deemed to be implicit. How long ago did the new company take over?

Eg they have changed the fact that children can no longer go. This is significant and if it was recent, I think you can argue they have breached the contract you agreed to. But it will depend how long ago it was and how long you have continued to use it under the new conditions.

Thanks for the replies and thoughts. Yes - the original contract was for a 90 day notice period, which has been reiterated by the new owners. Interesting question about whether people who have joined since the gym changed hands have the same notice period - I may make some discreet enquiries regarding that!

I'm not sure that alone would be significant enough of a change to be in breach of contract. DS can still use all the facilities, just not unsupervised, and it's industry standard for kids to require supervision up to 16.

Also we're assuming that he's over 13 already. If he's 12 +9 months or younger, it's irrelevant.

For material alterations that could be considered a breach of contract, you're looking at the removal of entire facilities (pool, weight room etc) or changes to opening hours that fundamentally affect the service (eg, changing from 24 hour access to 9-5).

I think it's besides the point anyway...OP was informed at some point, and continued to use the gym. She only enquired about cancelling when the price rise was revealed.