Gym contracts - am I missing anything?

tommy21

Given the horror stories I hear about gym membership sometimes, thought this might be the perfect place to ask - there is gym membership and pool membership at my local gym going for a special offer of €30 per month for peak membership - only stipulation is its a two year contract - seems like an unbelievably good deal... but I am cautious. I have read the fine print and it all seems fine. The normal price would be something like 600 a year or something - my concern would be if they went bust - surely i could just cancel the direct debit then if the service I signed up to ceased to exist?

I have used the facilities before on a 30 day basis and was delighted with them so know its good. The off-peak version is 21/months but crap hours so worth the stretch. Am I missing anything I should be asking?

Hope its ok in that I am posting terms and conditions here if any expert wants to run their finger through them! - name of company boxed out - not looking for legal advice, just an opinion!

TERMS AND CONDITIONS

1. Membership
If you confirm this agreement, you will become a member of the club that is referred to.
This agreement sets out the terms that will govern the relationship between us, the club that is referred to, and you, a member of our club.

2. Membership Period
You agree to remain a member for a minimum period of 24 months.
Your membership will automatically be extended once the minimum membership period has ended for consecutive one month periods unless (a) this agreement has already been terminated or (b) either party has given one month's prior written notice of its intention to cancel it.

3. Cancellation
Either party may cancel your membership by (a) giving one month's prior written notice one month before the end of the minimum membership period or (b) by giving one month's prior written notice at any time thereafter.
You must provide such notice to XXX at the address emailed to you.
We must provide such notice to you at your billing address or such other address as you may provide in writing to XXX

4. Payment
The initial payment specified overleaf and all subsequent membership subscriptions must be paid in full, as and when they fall due, to XXX
All subsequent membership subscriptions are payable by the due date shown overleaf.
Please note that additional charges may be required for certain services (e.g. sauna, massages, physiotherapy etc.).
If you fail to make payment as and when a monthly subscription falls due, XXX is authorised to act on our behalf in all respects relating to the debt and may recover the same in its own name.

5. Termination
This agreement may be terminated at any time by either party if a condition of the agreement is breached as set out below.
You may terminate this agreement at any time if we do not provide the facilities or the services you may reasonably expect and (a) we have fallen well below that standard.
We may terminate this agreement at any time if you treat our members or staff without the consideration we may reasonably expect and (a) you have fallen well below that standard or (b) if you have been asked to remedy your conduct, you fail to do so within 7 days of the receipt of a written warning or (c) you do the same thing again within 6 months of the receipt of a written warning.
In the event that this agreement is terminated before the minimum membership period has ended, all sums due to us plus the balance of the monthly subscriptions that would otherwise have fallen due will become payable immediately less 5%.

6. Your Responsibilities
You must treat our members and staff with the consideration you would expect them to show to you. In particular, you must not make remarks which are rude or offensive or behave in a manner that is dishonest, indecent or aggressive.

7. Your Rights
We will be liable to compensate you if you suffer a personal injury or die as a result of our negligence. We will compensate you if you suffer any other loss as a result of our failure to carry out our obligations under this agreement, provided that our failure did not occur as a result of your own fault or our breach could not have been avoided even if we those acting on our behalf had taken reasonable care. Nothing in these terms will affect your statutory rights. If you need further information about your statutory rights contact a Citizen�s Advice Bureau.

8. Data Protection
If you do not pay everything you owe us or you fail to make a payment as and when it falls due XXX may pass on information about you to financial and other organisations. This may affect your credit rating. Subject to that exception, your personal details will not be disclosed to outside organisations and/or individuals without your written consent.

9. Jurisdiction
This agreement will be governed by the law of England and Wales. Any disputes arising under it must be dealt with by the courts of England and Wales.

FreudianSlippers

All looks ok at quick glance to me.

Just note that if you want to end your membership after the 24 months @ 30/month you need to notify them in the 23rd month (that is 1 month before the end of your 24 month membership commitment).
Otherwise, they will charge you the usual rate of x (if 600/year then 50/month) on a month to month basis.

Cancelling early will likely invoke a cancellation charge although no specified they may seek specific performance or damages for breach of contract - likely the amount due and owing for the number of months remaining.

Not a lot of meat there on their T&Cs but give it a while, I'm sure someone will have a bit of time to have a better look than I did.

tommy21

Thanks Freudian My main concern is that two years is such a long time! Way things are going no idea if I will be in the country/country...

FreudianSlippers

Well, if you breach you're possibly looking at owing them the remainder due on the contract. That's 360quid if you break with 12 months left.

Can't really tell you what to do, but breaching will not be free of consequence, so there's that to consider.

Tom Young

Considering that the gym is most likely in Ireland, assenting to the Jurisdiction clause is a matter for yourself, i.e., Courts of England and Wales. I'd be less inclined than posters above to provide advices on a contract and terms such as the one above without being paid for doing so.

FreudianSlippers

Tom Young wrote: »

Considering that the gym is most likely in Ireland, assenting to the Jurisdiction clause is a matter for yourself, i.e., Courts of England and Wales. I'd be less inclined than posters above to provide advices on a contract and terms such as the one above without being paid for doing so.

I believe OP was asking more about the duration of the contract - that is what the consequence would be of breaching the 24 month minimum contractual duration.
OP is the one signing up for the membership under these conditions...

Tom Young

Yes and the OP is the one who should seek legal advice.

FreudianSlippers

Tom Young wrote: »

Yes and the OP is the one who should seek legal advice.

I see what you're saying, but surely it's not practical to seek legal advice before signing up for a gym membership?

It's certainly common sense at it's most basic form by looking at the terms posted that a person entering that contract is agreeing to a minimum 24 month duration and breach of that may result in consequences. It is a stretch IMO to call such basic commentary "advice".

I would agree, that if the OP is worried about terms regarding Jurisdiction and advice on any eventual breach and specific consequences that legal advice is necessary, but surely there is a line between common sense and legal advice?

tommy21

Tom Young wrote: »

Yes and the OP is the one who should seek legal advice.

As I said I was not looking for legal advice, just an opinion. I do take your point, but I must admit I find this forum incredibly frustrating at times in that many threads seem to be locked on the basis of "you can't ask that, get legal advice." I am not a mod so I have no idea of the training you get and it may well be the case that you are told anything at all that looks dangerous, get rid of it. Which is fair enough and of course without the moderators Boards.ie would probably be landed in legal trouble fairly lively based on some of the chancers that come on here, but as Freudian said I'm hardly going to go to a solicitor for this, just wanted some opinions on a pretty generic question that does not mention company names even, not legal advice that I expect to be watertight.

Tom Young

If the poster relies to his detriment financially or otherwise, on something discussed here (which I expect he/she will not) given the forum charter, so be it.

I know what you are saying but ....

Tom

Tom Young

tommy21 wrote: »

As I said I was not looking for legal advice, just an opinion. I do take your point, but I must admit I find this forum incredibly frustrating at times. Of course without the moderators Boards.ie would probably be landed in trouble fairly lively, but as Freudian said I'm hardly going to go to a solicitor for this, just wanted some opinions, not legal advice that I expect to be watertight.

Yep - It can be frustrating. I don't want to be moderating the bejaysis out of the forum but if posters (less honest and intelligent than yourself) insist on coming here instead of seeking recourse, then liability could accrue against boards.ie. Thus my remarks.

I am not closing this, but there may be a detriment for you as identified by Sigmund FreudianSippers ...