Gym Contract Query

beauty101

Signed up for a 28 day membership which rolled into a 6 month contract if you didn't cancel by day 28. This suited fine and the time but since then I've had a sick family member which has hindered me going and effectively I'm spending nearly €150 a month on nothing. The gym are also aware of these circumstances.

Contacted the gym to cancel and they said I have to pay 2 months upfront in order to cancel.

My question is, this gym has recently changed names, so my contract is with the old name and I haven't signed any contract with the new named gym. Owners are the same. Nothing on the contract to say it's with X trading as X or otherwise...

Any insight would be most helpful!

hullaballoo

You haven't paid them yet, right?

GM228

If change of name and not ownership it is still the same legal entity. S30 (6) of the Companies Act 2014:-

(6) A change of name by a company under this section shall not affect any rights or obligations of the company, or render defective any legal proceedings by or against the company, and any legal proceedings which might have been continued or commenced against it by its former name may be continued or commenced against it by its new name.

Side question - Do we have the principles of assumed novation by conduct in this jurisdiction?

tusk

I don't know about legally, but anytime he wanted to cancel a gym membership they've been fine with it, or told me to just cancel the direct debit. That said, I've never paid as much as 150 a month.

Samuel T. Cogley

For 150 I'd want someone doing the exercise for me!