Anytime Fitness - Cancelling Membership

[ianjenk]

I joined Anytime Fitness Stroud November 2015. Now due to me working away I am unable to go to the gym, or at least that gym and Anytime Fitness do not have any gyms close to where I am working.

 

When I joined I knew there was a possibility that I might be working away, so I asked how much notice I would need to give to cancel the membership. I was told 1 month. At no time was I told it was a 12 month contract. I gave my bank details to set up a DD, but was never given a contract to sign. I was told that they didn't have access to the contracts at the time but I would sign one next time I was in.

 

In the whole 10 months I have been a member I have never signed a contract or seen a copy of the T&C's despite asking on numerous occasions (Staff always too busy).

 

I have now decided to cancel, sent an email to the manager of the club and received a numerous responses including;

 

"At the time you joined Anytime Fitness, all memberships were subject to 12 months contract and all personnel were trained to advise prospective members of this. Having not signed paperwork does not mean that you have not agreed to a contract."

 

and

 

"Having accepted the fob and having accepted the monthly payments this indicates that you accepted the contract terms."

 

How could I accept the contract terms if I never received a copy of the contract?

 

Now yes I should have insisted on signing the contract but after being fobbed off I eventually gave up.

 

Am I contractually obliged to continue paying for the membership or are they trying to call my bluff?

 

Many thanks

Ian

[slick132]

Hi IJ and welcome to CAG

 

A contract can exist without you actually signing a form. You may have ticked a box on their online sign-up system and that would be adequate. It really would be down to you to check the small print or T&C's before signing up and this applies to anything - not just gym m/ships.

 

However, you have a few angles to strengthen your position of cancelling.

 

1. If you were told by a staff member that you could cancel with 1 month's notice, that would be relevant, despite what the gym have said about their staff being trained.

 

2. Any gym agreement should allow you to cancel with 1 month's notice due to relocation of home or employment.

 

How much is the monthly m/ship ?

 

[ianjenk]

Hi,

 

I never saw any T&C's, not at the Gym or online and I certainly didn't click anything.

 

The membership is only £40, I haven't been for the last 3 months as I've been working away in Cardiff. Nearest Anytime Fitness to where I work is 40 Miles away In Bristol.

 

Now it's not the fact that I have to pay, more the fact that the Manager of the gym has been belligerent and I don't see why I should continue paying when I have given a months notice as I was told when I signed up. No if I had been told it was a 12 month contract I would not have joined as I didn't know what was happening with my job over the next year.

 

Regards

Ian

[slick132]

Hi again,

 

It may be the DD mandate you signed WAS the agreement. This is the case with gyms where Harlands are the admin Co that deal with m/ships and DD pay'ts.

 

Can you give us some info :-

 

1. Date you joined.

 

2. Date and method of first giving notice, verbally or in writing, that you needed to cancel.

 

3. Date the DD was normally paid each month.

 

4 Date the last DD was paid by you.

 

If you read other threads here, you'll see many letters drafted by me where you offer to pay just one month's fee for the notice period but no admin fees or further monthly fees. It may be that this is what we suggest you do. Your answers to my Q's will determine this.

 

[ianjenk]

Hi,

 

I've answered your questions as per below:

 

Hi again,

 

It may be the DD mandate you signed WAS the agreement. This is the case with gyms where Harlands are the admin Co that deal with m/ships and DD pay'ts. Didn't sign DD as form was filled out by staff online. Just gave my bank detail whilst in club

 

Can you give us some info :-

 

1. Date you joined. 30.11.2015

 

2. Date and method of first giving notice, verbally or in writing, that you needed to cancel. 29.11.2016 Sent letter by email and snail mail, received response 29.11.2016 so know they received email

 

3. Date the DD was normally paid each month. 1st of month, Septembers DD has been paid,

 

4 Date the last DD was paid by you. 1.09.2016 DD has not been cancelled yet

 

If you read other threads here, you'll see many letters drafted by me where you offer to pay just one month's fee for the notice period but no admin fees or further monthly fees. It may be that this is what we suggest you do. Your answers to my Q's will determine this.

 

[slick132]

Hi IJ,

 

Can you reply to the PM I sent you thanks.

 

It's very unusual that you didn't even sign a DD mandate or a CPA. Yet you say a DD is still in place ?? And the gym website refers to DD payments ??

 

In any event, I would cancel the DD immediately via your bank.

 

Also can you please review your answer to item 2. above and confirm the date you emailed saying you needed to cancel.

 

[ianjenk]

Hi,

 

Apologise, the date I sent the letter and email with letter attached was 29.08.16, had a reply on the 28.08.16 from the gym saying they couldn't cancel the membership as it was a 12 month membership. They also said in their reply that as I had signed the contract i had agreed to these terms. I knew I hadn't signed any contract and so asked them for a copy of my signed contract. A couple of days later they replied saying "I am unable to locate your signed paper work in the office after change of management, ..."

 

I will cancel the DD this weekend

[slick132]

Ok, cancel the DD asap.

 

If the gym or their admin company make further demands, I suggest you put the gym to strict proof of a signed agreement. You'd do thsi by written letter and unless they produce such a document, you'll simply ignore them.

 

Keep us posted though.

 

Please also reply to my PM that I sent to you. Go to the top of the page and click the "NOTIFICATIONS" box in the blue bar at the right hand top of the page.