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can i cancel gym contract?

  • 20-09-2007 12:10pm
    #1
    what_car
    Closed Accounts Posts: 674 ✭✭✭


    hi people , am a member of a gym, i have highlighted issues, of a hygiene related issue, dirty floors, dirt in pool, etc etc..

    i highlighted the issue to the gym in question , where they said they would sort it out in about a week,,


    over two weeks since them promising to improve cleaning, nothing has changed..

    can i get out of my contract, by the fact that they are not living up to the terms of the contract, ie by providing a clean gym.. ie can i say that they are in breach of contract?? and then cancel my contract...

    i have kept copies of the emails i sent and their replies and times dates when sent...


Comments

  • #2
    rubadub
    Registered Users, Registered Users 2 Posts: 32,386 ✭✭✭✭rubadub


    what_car wrote:
    the terms of the contract, ie by providing a clean gym..
    Was that specifically stated in the contract? and any measureable level of cleanliness? They will be legalistic like that.

    Most of these gyms appear to be ruthless bastards for holding people to contracts, glad I never joined one.


  • #3
    liamo
    Registered Users, Registered Users 2 Posts: 1,193 ✭✭✭liamo


    I would imagine that providing a clean, safe, hygenic environment would be an implicit obligation on the gym.

    If such an environment is not provided then I can't see a problem.

    Of course, you should be able to demonstrate that they have failed to provide such an environment. Is the "dirt" unsightly or downright unhygenic? Keeping the place spotless is not a realistic expectation. And there's a lot of sweaty bodies in a gym so it doesn't always smell of summer meadows ;)

    IANAL and other such disclaimers....


  • #4
    Linoge
    Registered Users, Registered Users 2 Posts: 1,791 ✭✭✭Linoge


    liamo wrote:
    I would imagine that providing a clean, safe, hygenic environment would be an implicit obligation on the gym.

    If such an environment is not provided then I can't see a problem.

    Of course, you should be able to demonstrate that they have failed to provide such an environment. Is the "dirt" unsightly or downright unhygenic? Keeping the place spotless is not a realistic expectation. And there's a lot of sweaty bodies in a gym so it doesn't always smell of summer meadows ;)

    IANAL and other such disclaimers....

    Ah, free legal advice is the most expensive:D

    I totally agree with Liaomo. Cleanliness does not have to be explicitly expressed in the contract, it should be expected as part of the service. The level of cleanliness, what is usual and realistic is what will come in to play.

    I think you're in the wrong forum though, consumer issues would be much better.


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