Gym membership issue! Help!
Hello lovely people,
Can I get a bit of advice?
I saw an advert on facebook for a local gym (a franchise) back in April. I called the gym and had a long chat with a member of staff, I advised that I was a student at the time and just wanted something for a few months, we talked through discounts, what membership would entail in terms of access to facilities etc. I signed up over the phone and that was that.
Due to how ridiculously intensive my studies became between April and July (teacher training) I never ended up attending the gym, however kept paying the membership. Come November, I've still not gone - but have paid 6 months of fees, I emailed to cancel my membership. I was advised by the gym that as I had signed a 12 month contract, I couldn't cancel. At no point do they advertise that contracts are 12 months, nor did the member of staff mention this during our call. I've asked to see my contract and pointed out that I haven't signed anything - they told me I signed up online, which is obviously false.
I realise I have caused this situation by, I don't know, not asking explicit enough questions... but a lot of our phone conversation revolved around the fact I only wanted a short term membership due to likely moving in September/October.
I suppose my question is - can a contract exist if I've not signed anything, they don't advise minimum terms and I was never told of this?
Posted Dec 15, 2018, 12:36 PM UTC
Yes - you agreed the terms and I assumed paid.
The question is whether you can rescind the contract based on their statement of the terms.
If they specifically stated 6 months or rolling contract etc. then that’s what you agreed: although I expect you have no recording, is there any other documentary evidence?
It’s going to be a game of poker - you don’t pay based on what you were told, and they’ll think whether it’s worth it: after all the sales agent may just have lied to you and their bosses to get the sale for commission and has already left.
You wouldn’t be able to get your money back though: you obviously agreed to pay for that use, and you did.
More than happy not to get my money back - honestly, it was wishful thinking on my part that I'd have the time/energy to do anything other than sleep. That's my stupid tax! If I had been sent any documentation to read or a contract of any type, or even advised verbally even that there was a minimum contract length I wouldn't have agreed to it.
I do actually have a recording of the call, I used my work phone which records. I listed back to it after receiving the email this morning and they absolutely at no point mention a minimum term.
In that case I think you’d have a good argument to cancel right now and that’s about it!