So I’ve signed a contract with a personal trainer ill attach the image. Basically i agreed to train with him 4 times per week for $50 per session. He has constantly cancelled sessions on me with only a few hours notice and has been showing up late constantly. He does not prepare for our sessions and does not track my progress or put in any effort into ensuring i reach my goals. I have been paying 2 weeks in advance so $400. I currently have 4 sessions which he has cancelled worth $200. He has said we can make up these sessions on other weeks so we would be doing 5 sessions per week for 4 weeks or we add another week to our plan which i dont pay for at the end of the 8 weeks. This would mean we are training for 9 weeks. I do not have the time to do either of these as i have a strict work schedule and I wished to stick to the schedule we had originally agreed upon. Plus, in the past when he has cancelled on me, we have rescheduled a make up session and he has cancelled on that session too. I messaged him asking if we could adjust my payments instead of trying to make up the missed sessions and he was unwilling to do that. He told me he had too many tax debts to pay off and could not afford to do that. I told him I could not afford to keep paying for sessions I was not receiving. He responded basically saying that he can do whatever he wants when he cancels our sessions as there is nothing in our contract that requires him to refund or make up sessions which he has cancelled. I do not agree with the contract as i believe it is very unfair and does not protect the client when the personal trainer decides to not show up. He sent me pages of messages saying that he does not have to reschedule the sessions he cancelled. He said some very rude and unprofessional things to me. I told him i felt my time was disrespected and that his behaviour was unprofessional and he responded by saying that he did not wish to train me anymore. However, he said he still requires me to continue paying for the sessions until the end of the 8 weeks and he will not provide me with a refund for the sessions he cancelled. He has also threatened to take legal action against me even though I never tried to end the contract I merely asked to adjust my fortnightly payments to make up for the sessions he cancelled. What are my rights here? I dont want to keep training with him because his behaviour has made me very uncomfortable. I have currently paid $350 worth of sessions I have not received and I would like my money back since he is refusing to train me. He is a trainer for Goodlife health clubs. Can he take legal action? The contract said 12 weeks but we agreed verbally to 8 weeks. He also has not even signed the contract.
