If you are one of the many people who pledged to improve their fitness or loose some weight this year, then you may have been tempted by one of the gym deals that always crop up at the beginning of each new year and signed yourself up to a local gym. If you have struggling to stick to your resolutions or have been waiting for all the January dieters to vacate the gyms first, then you might now be considering joining a health club to keep you motivated.
As with any contract, it is good to know what you are agreeing to before signing it!
People may skim over a gym contract, not deeming it as important as any other contract, such as a loan etc. However, it is important that you understand the terms that you are agreeing to, particularly where you are committing to a 12-month + contract.
Our Dispute Resolution team highlight some key areas you should read thoroughly when signing up to a gym.
Read the Contract in Full
Don’t be tempted to dismiss the contract as a simple membership form or be rushed into signing up on the front desk of a gym there and then. If you need to, take the contract away or ask for a copy to be emailed to you and read through it fully before signing. If you do not understand any of the terminology, then ask a member of staff to clarify it. Whilst you might be keen to get started on your fitness journey, it is vital that you are not shooting yourself in the foot in the long-run.
It is also worth checking that there is a cooling off period in your contact. If you join the gym but find that the facilities are not what you had hoped for, you cannot get on any equipment or it just doesn’t work out for you in any other way, then it is important to know that you can exit without being trapped in a long-term commitment.
Negotiate Terms
Some large gyms or health club chains are likely to have a rigid contract with very little that can be changed, however if you are signing up for a smaller gym or a privately owned business, then you may be able to negotiate the terms before signing up.
You could ask for a lower fixed-term, to waiver termination fees, stipulate you are protected from fee increases etc. If you manage to negotiate, ensure that you have this in writing or ideally in an amended contract.
Fixed Term Contracts
Often gyms and health clubs will tempt you into signing a longer contract in exchange for a cheaper deal. For example, it might be £5-£10 cheaper each month to sign up for a 12-month term, rather than a 3-month minimum contract or considerably more expensive to have a contract which allows you to cancel at any time. Other gyms may offer a cheaper deal if you pay upfront for the whole year.
Whilst this may make sense on your pocket – its isn’t always the most future-proof option. It is worth carefully considering how far in advance you are committed to using the facilities. If it is not stipulated in the contract, ask someone what would happen in the event of a long-term illness or injury, relocating from the area or losing your job etc.
Always check the minimum term, if there are any early exit charges or notice periods to be aware of. It is worth looking for ‘membership freezing’ options in your contract. This is often something that gyms will offer if you are looking to exit due to a change in circumstances rather than cancelling your membership altogether.
Breach of Contract
It is important to know what would happen if the gym breaches its terms. Such as facilities being closed, swimming pools or steam rooms being out of action etc. This could give you grounds to argue a reduction in fees or ability to exit your contract earlier.
The contract is likely to protect the business, so it is worth carefully reading through the terms so that you are not missing out if they are failing to meet their obligations.
Fee Increases
As with everything in life, prices only ever seem to go up! Make sure your contract is clear on any price increases during your fixed term. If the prices increase is large enough that it shows a significant departure from the original basis of your membership contract then you may have a right to terminate, even if you are still locked into a fixed term.
Unfair Terms
Keep an eye out for any red flags in your contract. Check the wording of the contract for automatic renewal. Look out for large fees for termination, or even admin fees for renewing the membership. The Consumer Rights Act 2015 means that any contract entered into after 1 October 2015 is subject to a test of fairness. If a contract, or a part of a contract, is found to be unfair, it will not be legally binding.
How to Escape Your Gym Contract
There are many reasons why you might want to cancel your gym membership. You may not be using it as much as you had hoped, you could have a change in personal circumstances, be injured, looking to save money or may want to join a different gym.
Whilst signing up to the gym may have been easy, often exiting your agreement is much harder! Remember, a gym’s best members are the ones that do not ever go to it.
- Check your contract and make sure you follow the contract’s cancellation policy.
- Make sure you follow the clauses in the small print – for example, notice may need to be in writing, may need to be addressed to a head office or emailed to a specific email address.
- Time it right – make sure you get your months’ notice in so that in lines up with your monthly direct debit payments to avoid just missing out and having to pay for another month.
- Ask for receipt of your cancelation and get confirmation in writing.
- Talk to management – they may be able to help you with something such as freezing or transferring your membership. Or if you are set on leaving, they can advise you on the best way to handle ending the contract.
- Do not cancel your direct debits without warning – you do not want to find yourself in a dispute or risk a negative impact on your credit rating.
Legal Advice on Contracts and Disputes
If you find yourself in a situation where you are in a dispute with a health club or any other membership / service you have signed up to, then you might want to seek legal advice if you are unable to resolve the issues yourself.
Disputes can be incredibly stressful to deal with, particularly if they drag on and cause you to lose out financially.
Sometimes the cost of legal advice is not proportionate to the claim, however if you are stuck in a long contract or believe you have been wronged with an unfair agreement, it may be worth getting help from a Solicitor to understand where you stand legally and help fight your case.
For more information on dispute resolution, please call our friendly and diligent team on 01256 844888, email enquiries@lambbrooks.com or speak to our online chat assistant who can take some initial details and put you in touch with the best lawyer to help you move forward.
The contents of this article are for the purposes of general awareness only. The do not purport to constitute legal or professional advice. The law may have changed since this article was published. Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.