VIC Cancelling gym membership

Discussion in 'Australian Consumer Law Forum' started by Arnaud canton, 11 January 2019.

Tags:
  1. Arnaud canton

    Arnaud canton Member

    Joined:
    11 January 2019
    Messages:
    2
    Likes Received:
    0
    Good afternoon.
    I have signed up last year for a 12 months gym membership.
    On the contract it was very clear that if I have to cancel my subscription before the end there is an exit fee of 50% of the remainder ( however no more detail and no proper cancellation policy )

    My employer has recently finished my contract in Victoria and has sent me to another project in NSW ( I have a letter from them to justify) . That means that I have to move and therefore have to cancel my gym membership.
    I was hoping that because the decision to cancel the membership was not directly mine, the exit fee would have been waived off but my gym as a commercial gesture is only ready to waive off 50% of the exit fee.
    Coud you please advise if this is normal practice or if I should fight to get my exit fee totally waived off ?

    My partner is also in the same situation as following me to NSW. Should the exit fee be waived off for my partner too ?

    Thanks very much for your help
     
  2. Christian Bolog

    LawTap Verified

    Joined:
    4 November 2018
    Messages:
    1
    Likes Received:
    0

    Hi Arnaud,

    Your situation is not uncommon and the GYM contacts are designed to lock you in for a period of time because most people stop going after 12 weeks.

    Unless you were misled or pressured (difficult to prove and a big hurdle to overcome) into signing the contact you will need to pay the exit fee. If they are offering you to pay only half of the exit fee that is a good deal considering they are not obliged to.

    For future reference have the GYM insert a clause into the contract to allow you to cancel if you relocate away from the GYM.

    An alternative may be to transfer your membership to another person on gumtree etc. unless the contract expressly forbids transfers.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  3. Arnaud canton

    Arnaud canton Member

    Joined:
    11 January 2019
    Messages:
    2
    Likes Received:
    0
    Thanks very much Christian!
     
Loading...

Share This Page

Loading...
gt;