Is 6 months notice legal?

[Miffed off]

Hey folks,

 

I’ve been a bit stupid and signed a contract that states I have to give 6 months notice to cancel my membership.

 

It’s a contract that doesn’t have a minimum term, I have been a member for over two years.

 

I have injured my back but there is a clause in the contract that states that I am still liable to pay the 6 months regardless of whether I can use the gym or not due to injury.

 

They put the price of my membership up a couple of months ago and also stopped the online classes and I put up my standing order but I’ve never signed a new contract

 

am hoping that may get me out?

 

Or have I merely accepted the terms by paying the increase?

 

I’m really mad as I don’t usually get caught out by these things but I signed a PT contract at the same time and that was fair and the terms were great

 

I don’t think I gave the actual gym membership as much attention as I should have!

[dx100uk]

Whoever 'they' are can demand nothing of the sort 

 

Cancel your DD now, WRITE to the gym, stating you have a long term injury and no longer require the membership.

 

Offer them ONE month's membership in lieu of your cancellation, give them 14 days to accept your offer, providing bank details to do so 

 

If they don't reply or don't accept, simply ignore everyone.

 

Gyms don't do court 

Gym debts don't appear on credit files 

A DCA is not a BAILIFF

And have ZERO legal powers on any debt no matter what it's type.

 

Dx

 

[Miffed off]

They is actually a him!

It’s a small independent gym with one owner and my pt who works out of there.

There is a threat in the t&c’s about small claims court and costs being my responsibility.

 

If I offer him a month because of injury then cancel my standing order would this be enough to protect me if he took me to the small claims court even though I have signed something saying I will pay even if injured? 

[dx100uk]

doesn't matter it's still a business and going 'the gym business model' cancellation even varies across all their T&C's most a 1 month, some are 3 , 6 is ridiculous. but industry std is 1 month.

 

it doesnt matter that you 'signed anything' T&C's are debatable, and can be challenged,  hence why millions of people got back £B's over PPI mis selling.

 

he wont do court, and costs in small claims are very very limited <£100.

dont get scared.

 

its all bluff and fluster.

 

dx

 

[Miffed off]

Ok thanks I will email him back today and see what happens.

[dx100uk]

If he doesn't accept simply ignore .

 

Dx

[slick132]

Hi Miffed,

 

A contract or agreement that requires 6 months notice to cancel after you've already been attending for 2 years is easy to challenge but don't get involved in any arguments just now.

 

Offer to pay the one month fee in lieu of notice and let us know how they respond.

 

Is it the gym (owner) who is looking for 6 months fees, or the PT, or both ?

[Miffed off]

Hi Slick,

 

Just the gym owner.

 

I pay for the PT sessions in blocks and there is no notice period.

 

I’m nearly at the end of the paid pt sessions but I really want to carry on with her as she is helping to strengthen my back, but if he’s going to be awkward I will just walk away.

 

I’ve emailed him and offered a month stating that I’ve got a back injury and can’t take part in the classes and he sent me a copy of my contract saying I owe six months as that is what I signed for.

 

Looking at the contract again I can’t believe I signed it, it is truly awful, my bad!

 

I have replied as per Dx instruction above and have heard nothing more.

I am in the gym tomorrow with my PT so we’ll see! 
 

Thanks for all your help

 

Miffed

[slick132]

Hi Miff,

 

If you've been a member for 2 years, the gym has no right to renew the m/ship automatically and still demand 6 months notice.

 

A High Court ruling back in 2011 against Ashbourne Mgt Services Ltd put an end to unfair gym agreements.

 

Let us know how the gym replies ......