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QLD Grounds to Cancel Contract with Ashy Bines Gym?

Discussion in 'Australian Consumer Law Forum' started by Serena1984, 8 January 2017.

  1. Serena1984

    Serena1984 Member

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    Hi

    I recently joined the Ashy Bines gym for a group start on 9 jan 2016.

    I suffer from several medical conditions that my surgeon and other medical professionals have advised I'm only cleared to do certain classes. I went into the gym to discuss what classes I would have access to and their availability after work hours. I was told they had numerous classes that I'd be capable of in the time frame I required.

    Now they've released timetables that allow members to book classes online only and they have all booked out. There was no notification to say that the timetables were online and even then, there are minimal classes that are consistent with my rehab.

    We have been told we have to join their Facebook page to receive communication from them and when other members expressed their disappointment regarding the lack of classes, other members took it upon themselves to berate and abuse us.

    So does this constitute grounds for cancellation of my contract under Australian Consumer Law?

    Cheers
     
  2. Rod

    Rod Well-Known Member

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    Possibly; you have two good reasons:
    1. You have a special requirement and this was explained prior to signing
    2. Classes are not available at times you mentioned before signing up
    Explain your circumstances to the owner/manager of the Gym in the first instance and see what you can negotiate.

    If that fails then you can initiate a QCAT case for the return of any money you've paid and release from the contract.

    The bullying is unlikely to be factor, but may be worth a mention on the off-chance it might swing the case your way. Bullying would have had to have been ongoing (unlikely if you recently joined) and supported by the Gym (no idea - no information saying if the Gym condones this behaviour or is able to control it). Failing to control member behaviour may be interpreted as implied support however the two numbered points above are the key points.
     
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  3. Serena1984

    Serena1984 Member

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    Thanks for that. Much appreciated.

    It's a private mandatory gym group. The page left the abuse online for hours before the original poster deleted her comment and sent a personal message expressing her regret that agreeing with her had led to a personal attack. But you're right, it may swing things my way.
     
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