Cancellation of gym contract after 6 days due to injury

Mathew2

Member
Joined
Nov 17, 2015
Messages
20
Hi guys

I would really appreciate some of your input or feedback with the following. I joined a local gym last week Tuesday (08 February 2016).

Today (Monday, 08 February 2016), I was using one of the weight lifting machines when it's handle bar fell on my head, got a cut and it bled, and now there's a bump.
Now I want to cancel my contract, and I've read on other sites that gyms in SA charge 40% cancellation fee of the total amount to be paid in terms of the contract, which is for 24 months by the way (they don't offer for any shorter period).

Now I would like to know if I could get a cancellation (I know I will), but without a fee, I believe that section 54 of the Consumer Protection Act applies here. "The right to demand quality services". I'm not asking for damages, but for a cancellation without a fee.
 

crackersa

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May 31, 2011
Messages
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Did you report it to them? I am sure they will trade with you to avoid court. Did you take pics of the faulty equipment or your injuries?
 

Mathew2

Member
Joined
Nov 17, 2015
Messages
20
Did you report it to them? I am sure they will trade with you to avoid court. Did you take pics of the faulty equipment or your injuries?
Yes I did report it to them, they told me to come tomorrow to speak with management as this happened at like 6pm. I have pics of my injury only though eish

Hope they do trade though... they've been operating this gym here for like 16 odd years, new management this year though and a new name.
 

crackersa

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May 31, 2011
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Yes I did report it to them, they told me to come tomorrow to speak with management as this happened at like 6pm. I have pics of my injury only though eish

Hope they do trade though... they've been operating this gym here for like 16 odd years, new management this year though and a new name.
You may need to lawyer up.
 

Viva

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Jul 18, 2009
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4,429
Why did you sign the contract without reading it?
 

Batista

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Sep 2, 2011
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Did you miss the small print that says they are not responsible for any death or injury in the gym regardless of whether it was faulty equipment?
 

Necropolis

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And also if you have no proof that the equipment was actually faulty they will probably tell you to get lost.
 

Jings

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Mar 6, 2012
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According to CPA you have 5 business days to cancel a fixed contract. Reasonably the manager should approve the cancellation.
 

Mathew2

Member
Joined
Nov 17, 2015
Messages
20
Did you miss the small print that says they are not responsible for any death or injury in the gym regardless of whether it was faulty equipment?
Not asking for damages, asking for cancellation in terms of section 54
 

Mathew2

Member
Joined
Nov 17, 2015
Messages
20
Just an update. The gym guys were chilled. I always think about worst case scenarios. Cancelled with no fee or anything.
 

backstreetboy

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Jun 15, 2011
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I gather it's definitely not Virgin Active. They are like a hellhound on your trail.
 

Batista

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Sep 2, 2011
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7,900
Just an update. The gym guys were chilled. I always think about worst case scenarios. Cancelled with no fee or anything.
So now what.You are going to heal up and then? GOing back to gym? Why did you even sign up in the first place.
 
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