LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

QLD Breach of Contract - Cancel My Gym Membership?

Discussion in 'Australian Consumer Law Forum' started by Deboi, 25 March 2016.

  1. Deboi

    Deboi Active Member

    Joined:
    25 March 2016
    Messages:
    5
    Likes Received:
    0
    I am asking this question out of sheer frustration. Recently, Gold Gym was closed down for nearly a week due to some issue with non-payment of rent and a clause in the contract between the franchise owner and obviously who owns the building.

    My question is that as a full-time member and the gym being a 24/7 gym, under Australian Consumer Law, am I able to cancel my membership forthwith as I was not able to access the gym for all the days it was closed (approximately 5 1/2 days)? To me, this is a breach of contract. My 12-month contract finishes around 24/06/2016, but I do not wish to continue with this club for any longer than I have to.
     
  2. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    2,166
    Likes Received:
    257
    Is there anything in the contract that covers this kind of situation?

    5 1/2 days may not be long enough to be considered a 'serious' breach unless there is a clause in the contract saying otherwise.

    BTW, how many days/week do you normally go to this gym?
     
  3. Deboi

    Deboi Active Member

    Joined:
    25 March 2016
    Messages:
    5
    Likes Received:
    0
    I will quote a part of their agreement - "Golds Gym expressly reserves the right to add, eliminate, or alter any program, equipment, etc.". They have the right to terminate the contract at any time. There is nothing that I can see in the agreement that covers an extended closure of the premises.

    Wish there was a way of being able to scan the membership agreement in.

    Depending on work commitments I attend on an average of 4 times a week.
     
  4. Tim W

    Tim W Lawyer

    Joined:
    28 April 2014
    Messages:
    1,713
    Likes Received:
    402
    Did you have access to other Golds' sites during this time?
    If you did, then there's almost certainly no breach (that you may have found other sites inconvenient to attend is not relevant).
    If you didn't, then it depends in part on whether or not what has happened between the landlord and the tenant,
    is serious enough to be a breach serious enough to be a breach that is fatal to your contract.

    Going only by what you've told us above,
    it's not clear if you even know for sure why the gym was closed.
    For all you know, it could have been Workcover ordering a closure for WHS reasons,
    or Council closing them because of some anomaly in the zoning or occupancy paperwork,
    or maybe they chose themselves to close for a bit while they sorted out public liability insurance?
    My point being - without a first hand statement from the operator, you don't really know why it's been closed.

    Have a close look at the T&Cs of your contract - there might be something there.
    Or maybe, just sit it out and walk away at the end of the contract term.

    From a consumer perspective, also have a look at your contract
    and make sure that there are no automatic rollovers, automatic extensions,
    requirements to give notice that you will not be renewing, or anything of that kind.
     
  5. Deboi

    Deboi Active Member

    Joined:
    25 March 2016
    Messages:
    5
    Likes Received:
    0

    Hey, Tim, thanks for your opinion on this matter. there was no other alternate option apart from doing outside training at times that I was working, which was the case with a lot of members. This is Townsville, where we are still getting temperatures above 32º and humidity. Well that's a whole different ball game.

    The closure occurred on a Sunday morning by the landlord of the premises with security guards turning away members and according to Gold gym via their facebook page, due to some dispute with the leasing terms.

    There was no elaboration on this explanation. You are probably correct in that may be I should ride out the remainder of my time with them..with me being diligent in making sure that I take the required steps in terminating the membership in due course.

    Just a bit afraid that they may continue to take fees even after the cancellation date ...which is notorious with some gyms.. from memory I think I have to give a fortnight's notice, but I will contact them with a cancellation one month prior!!! just to be on the safe side.

    Regards
     

Share This Page

Loading...