VIC Bootcamps provider has been evicted and wanting a refund

[Branchy249]

I am a member of a bootcamp provider that recently got evicted from their premises due to not being able to pay the rent.

They have changed location to their garage at their personal home and are expecting all of the existing clients to follow them across. However they do not have the same equipment (as it is locked in the studio by the landlord) nor can they provide the space that we paid for.

A number of clients have pre paid for the remainder of 2017 and in some cases even pre paid for 2018 as well as individual personal training classes. In all about 20 clients are affected.

The bootcamp providers (a husband and wife team) have been contacted from a number of clients requesting a refund due to the studio closing down however they are refusing as they are stating they can still offer the same service at their garage at their own home.

Do the clients have any legal rights at all in which they can receive their refunds?

 

[Rob Legat - SBPL]

The question comes down to: what are you actually paying for? The answer will be contractual, however in most instances you’re paying for the ‘personal training’. As long as that is continuing to be provided, then the venue isn’t relevant.

That being said, what is relevant is things like workplace health and safety, local council permission for usage of the premises for carrying on a business, and insurance coverage. In many instances like this, these things are not thought of. If you want an out, ask them to provide confirmation that they have

- a current occupational health and safety assessment done for their proposed training location;
- council permission to carry on the business at their residence. Each council differs on requirements, so this may not be an issue (or it could be a big issue - particularly on something as ‘trivial’ as car parking); and
- a certificate of currency of insurance covering the activities engaged in, permitting them to be undertaken at the subject address.

Without those, you can argue that they cannot provide the services and are in breach of contract.