VIC Contract/Membership Agreement question

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DaleA76

Well-Known Member
25 September 2016
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0
121
I am having trouble cancelling gym membership. I signed up a couple of years ago. There was an initial fixed term of 12 moths, which has since lapsed and now it's just ongoing.

The terms say the following:

10.1 Notice
If you need to notify or tell us anything in writing under this clause:
(a) you can give this to us in person, by e mail or post;
(b) it would be useful (but not required) if you complete any standard documentation we may have such as a cancellation form and provide your membership number (if you know it);
(c) if you do not use our standard documentation, your notice must include your name, Club , address, phone, email, ID details and signature and explain why you wish to cancel; and
(d) you must also attach required proof such as a medical certificate.


I did the following and sent the appropriate person an e-mail with the requested information (not the cancellation form because it wasn't available anywhere on their site) and told them VERY clearly I wanted to cancel immediately.

The manager has now e-mailed back asking if I actually do want to cancel rather than just put it 'on hold' and also saying I have to fill out the cancellation form and only then will they process my cancellation.

He also said that I will continue to be debited for payments until September.

I disagree with this because I am not in a fixed term anymore, it's just ongoing and their terms state:

10.2 Cancelling your Membership on or after end of the Minimum Term
(a) If this is a Fixed Term Agreement , you do not need to do anything, as your Membership will end when the Minimum Term ends. We may contact you before your Agreement ends to discuss renewal. If you chose to renew your Membership or sign a new agreement before the Minimum Term ends, a Joining Fee will not apply.
(b) If this is an Ongoing Agreement , it will continue after the Minimum Term unless you tell us in writing at any time but at least 30 days (or 14 days if you are in the ACT) before the end of the Minimum Term that you wish to cancel your Membership . If you tell us before the end of the Minimum Term but it is less than 30 days (or 14 days in the ACT), your Membership will continue for another 30 days (14 days in the ACT) before it ends.

That paragraph seems to say that it's only applicable in a fixed term agreement (which I am not in).

Also the payments are debited in advance so technically I don't owe them anything.

Questions:
1) Should I fill out the cancellation form they've sent me? I feel like it's a stall tactic designed to delay it out.
2) Is my understanding correct that I don't have to pay anymore?
 

DaleA76

Well-Known Member
25 September 2016
32
0
121
Forgot to add.

As the start of the agreement it contains the following:

    • Cancelling an Ongoing Agreement after the Minimum Term: You may cancel on 30 days written notice. However, if you are in the ACT, you may cancel on 14 days written notice (see clause 10).
 

Rob Legat - SBPL

Lawyer
LawConnect (LawTap) Verified
16 February 2017
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514
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Gold Coast, Queensland
lawtap.com
It is not appropriate to 'direct' your questions at particular persons. Please don't do that again.

In terms of what you've posted, it's generally very difficult to give an informed answer without being able to look at the totality of the contract. Something which may seem irrelevant, may actually be very relevant and change the outcome. That being said, gym agreements are notorious as being one of the main categories of unfair contracts.

Requiring you to use their specific form when it wasn't reasonably available is probably unfair. To cover your bases (as long as it doesn't include anything contentious) fill it out and back date it to the date of your original notice, and refer to that notice somewhere on the form. They can't require you to give them a reason; however for the sake of stopping an argument just put "don't need it anymore".

I'm assuming you have some form of automatic, periodical payment authority on a credit card or bank account? Cancel it with your bank for the end of the notice period, and inform the gym you've cancelled it.

If they come back arguing, inform them you've cancelled your 'ongoing' agreement with sufficient notice. If they want to persist, report them to the ACCC.