Ending 12 month contract with Fitness Unlimited early - can I do this?

[Aqua 10]

I joined Fitness Unlimited in May on a 12 month contract. Part of the reason I joined was I was told they have a creche which they do - but it's only open during the day on weekdays, which they failed to tell me. I work full time so need a creche in the evenings and at weekends.

 

I've tried to make it work but getting a babysitter to watch my child while I go to the gym is a pain plus it's costing me more than a creche would! I'm a single parent so don't have a partner to look after him while I work out. As such, I've only managed to get to the gym about 3 times in the past month which means it isn't worth it money-wise. Is there any way they would allow me to end the contract now based on being given false info re the creche facility?

 

Thanks,

Aqua

[bobbie 10]

Hate to say it, but I think you will have to stay with them for the 12 months.

 

I guess this happens a lot in the new year, people signing up and then not using it after the mid of February (but are signed up)

 

Sorry if you don't want to hear this.

 

I belive when you cancel, it will have to be within a given time scale (ie 6 weeks before the end of contract, for example) because if you forget, its possible that the contract could roll for another 12 months after May 2010.

 

Check the small print with regards to cancellation

[SiSiSi 10]

I tried to cancel but they refused. When I stopped the payments I was threatend with legal action.

[jengo 10]

If they lied about the creche facilities that it a good enough reason to cancel the contract. If they try and sue counter sue.

[Gogetter 10]

Did you sign on the dotted line? Ask them to provide a copy of your contract with them, showing your signature. If they can't provide it - just cancel.

 

I just spoke with the customer contact centre (ponds forge) for you and queried why their terms and conditions are not available online. The advisor told me that the terms and conditions have probably changed. I advised her that if the terms and conditions have changed to the customers material disadvantage, that customers should have received a copy of the new terms, and agreed to them by signing that they agree and wish to continue. In the absence of a renewed contract, and as the terms have changed, the contract may be able to be cancelled.

She went on to say that the new terms are available online. This is incorrect as the terms are not available to view online, and the terms alone do not constitute a renewed contract, which eventally the advisor was forced to agree.

 

If it says in your original contract that Creche facilities are available, and doesn't specify times, then I'm afraid with or without a renewed contract which DOES specify Creche times, this may be a difficult case to argue.

 

Check your terms, go and see them and speak with them directly, and state that you were informed that Creche facilities were available at the times you required them, and that was the basis of your decision to sign. Although hard to prove, verbal information can be legally binding. You may be able to argue (in the nicest possible way) that you feel you have been mis-sold your contract on that basis.

[pgreasley 10]

Hello all

 

I joined the Fitness Unlimited 12 month membership back in April. The novelty soon wore off; I'd never been in a gym before and soon found out why. I hated it. Much prefer walking/cycling in the fresh air.

 

Anyway, I cancelled my direct debit because I thought it was stupid to pay for a service I hadn't used in months.

 

And of course they sent me a letter. This was back in May. I've just recieved another one this morning which is more threatening and says they'll pass the matter onto their legal dept and I will have to bear the costs of this.

 

Yes, I signed on the dotted line. I know I signed a legal contract. But I haven't been using the bloody service. I haven't stepped foot in the damn gym for nearly six months. Can this really end up in court? Do I seriously have to pay them the full remaining amount? It seems ridiculous to me. Then again, I am very naiive in the way of gym memberships.

 

Any advice would be much appreciated.

 

Thanks,

Philippa

[TJC1 10]

A similar thing happened with me with the Hilton group, was threatened with legal action so wrote a strong worded letter to the manager with thinly veiled threats to take the matter to the papers etc. saying I had loads of contact there etc. I lied basically but they cancelled the contract.

 

What I'm saying is dont be afraid to bend the rules a bit to get what you want, as big corporate entities are tied by policies and procedures, which can be broken if you get to the right person and say the right things:D

[the_mandarin 15]

Philippa - I am not sure about the legal angle here, but if you look at it purely from the monetary side, you stand to save (£20 x 6 = £120) if you take the risk and cancel your direct debit.

 

But what you stand to lose, if they were to take you to court and press charges, would be a much higher amount. And as a neutral person, I think they stand a much better chance of winning the case as you signed a contract which you are now refusing to fulfil.

 

Another point to keep in mind is that surely, things would be tough for gyms too in the present economic climate. All the more reason for them to make sure every penny is made to count.

 

If I were you, I would try to make the most of the gym membership.

[LucysMum 10]

I hate to say it, but I think gyms are entitled for you honour the 12 month contract.

 

If they did do one month contracts, many would probably have a boom period in January, and probably go out of business by March.

 

You have to think that people who are paying, but never turn up to the gym are probably their favourite customers, they are not using the equipment and causing wear and tear on the equipment. Active members create wear and tear.

 

I reckon with the credit crunch/people losing their jobs then Gym membership would be the 1st thing on the list to be cancelled, gyms are probably aware of this and so I can see them making members honour their contracts

 

Sad, but true

[Meaks 11]

Just stop paying them and ignore any letters.

 

What are they going to do about it in reality?

[pgreasley 10]

Hi all, and thanks for your replies.

 

Things have turned out pretty much as I expected but dreaded: after conversations with trading standards, consumer advice and the national debtline, it turns out I don't really have a leg to stand on because I'm the one who broke the contract. If I don't respond to their letters or pay the remaining amount, they can quite feasibly take legal action and pass my "debt" onto a collection agency. D'oh! I still think its absolutely disgusting that I've got to pay for a service I'm not happy with, and could get cheaper elsewhere. I'm going to try writing a letter to "negotiate a settlement". Anyway, for anyone out there as naiive as I was, the gym isn't as much as a pushover as you might hope and if you decide you want to escape its sweaty clutches, it will come for you. I swear to God, I would rather be obese.

[Shef_Fitness 10]

If you are looking for fitness without being tied into a contract, then do a "pay as you train" option.

 

Currently I got 2 classes, one in High Green and the other at Hunters Bar. I'll be setting up more in readiness for the new year.

 

The biggest advantage with the option I'm running is that you are not tied up in any way, shape or form. If you are Ill, on holiday, or simply don't want to continue, then you are not paying for something you never use.

 

How many people sign up to Gyms on a 12 month contract, and then get fed up by the middle of February, and then stop going? when I operated in gyms there were lots of the 6 week wonders in January (clog up the gym in January, and then wonder where they've gone by the end of Feb).

 

Also with the classes I run, you are not standing in queues waiting for machines, you will train for the FULL HOUR !!!

 

The class format runs as follows

 

The Stomach/Abs will be heavily targeted during the first part of the class, as will the legs, hips and bottom. The second part of the class will be a circuit to hit all areas of the body.

 

Included in this class will be pad work, and also sprints/shuttle running. This will give you an all over workout, leaving you with a leaner and fitter body.

 

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Monday - 6.45pm

Paces Fitness Centre

PACES FITNESS CENTRE

Packhorse Lane

High Green

Sheffield 35

 

Tuesday - 7.30pm

ST WILLIAMS CHURCH

847 Ecclesall Road

(next to somerfield)

Hunters Bar

Sheffield 11

 

 

 

If your new years resolution is to get in shape, and you want to avoid the contracts, try this, 07709 198392 if you'd like to try any class

Edited November 21, 2009 by Shef_Fitness