Help needed, Gym contract

[|tera|]

Hey guys,

My girlfriend signed up for a 2 year Gym contract January this year. Total cost is about R160 per month.

Problem is, she has only attended the Gym about 5 times. She has a knee injury and can't really strain her leg too much.

Now the problem is, the Gym refuses to cancel her contract. They tell her that she is obliged to pay it and or sell it over to someone else.

Both those options are BS in my opinion.

To make matters worse. The 1st of December the debit order deducts money for the contract from my ladies account and today she receives an sms that she hasn't paid yet.

Now, it's our responsibility to drive all the way to a bank and get a statement (my girl is with Absa, so yeah, definitely not a 2 minute thing) just to prove that we actually paid.

I would really appreciate some advice. I'd like to send this Gym so far up where the light doesn't shine.

Thanks,
tera

 

[dlevine]

Let the signatory beware!! - You signed a contract, it is now enforceable!. I don't see the problem here.

 

[|tera|]

Let the signatory beware!! - You signed a contract, it is now enforceable!. I don't see the problem here.

Yes, right. And if the services aren't used for said contract, is it still enforceable? I think not.

Someone with more than a 2 sentence know it all vocabulary, please give your input.

 

[xrapidx]

Of course its enforceable - if you get a cellphone contract, and don't use the phone or free minutes - you're still going to pay.

Try get a doctors letter....

Oh, and if she has paid, tell them to $%$#%$ fly - ask for proof that she hasn't paid.

 

[|tera|]

Of course its enforceable - if you get a cellphone contract, and don't use the phone or free minutes - you're still going to pay.

Try get a doctors letter....

Oh, and if she has paid, tell them to $%$#%$ fly - ask for proof that she hasn't paid.

I think I need to visit this place myself and take a look at this so called contract. These people have given her too much crap with this thing so far.

Doctors letter won't do squat for the contract if it is enforced under law...

If I phone these guys I'll do more than tell them to fly a kite

 

[orin76]

Yes, right. And if the services aren't used for said contract, is it still enforceable? I think not.

Whether you use the gym or not is irrelevant, unless you have a minimum attendance clause in the contract (.e.g Vitality has a minimum attendance requirement). Your situation is unfortunate, but you lady's knee problem is not the gym's fault.

 

[xrapidx]

Yeh - but I've heard of a few people who have gotten doctors letters being let out of the contracts...

 

[|tera|]

Whether you use the gym or not is irrelevant, unless you have a minimum attendance clause in the contract (.e.g Vitality has a minimum attendance requirement). Your situation is unfortunate, but you lady's knee problem is not the gym's fault.

I understand that much. I'm not sure if she had the injury prior to signing, but the knee has been getting worse these last few months.

Like I said, I'll probably go around the place and look at the contract, to be specific, I want to see HER contract. Not a generic template signup crap thing. I want to see HER signature on a piece of paper, or else I will stop the debit order and smile and wave.

 

[killadoob]

Well a contract is exactly that, you are contracted by law it must be said to pay 160 for the next 24 months.

There is no clause in gym contracts that if someone is injured or is to lazy to go to gym it can be canceled.

Try sell the contract otherwise keep paying. You can stop paying and you can smile and wave but you will not be smiling and waving when she is put on ICT or you are depending on who is paying.

 

[sand_man]

Problem is, she has only attended the Gym about 5 times. She has a knee injury and can't really strain her leg too much.

She can do upper body exercise and light exercise to strengthen the injured knee.

 

[Mila]

She can do upper body exercise and light exercise to strengthen the injured knee.

That. Just because it is hurt does not mean you should sit and do nothing.
Dr Told that to BF after both his knee ops.

or read the contract, is there not a clause that gives you options when you are injured? Making it stop for 3 months until she has recoverd?

But I'm all for rehab training. Which gym is this?

 

[InTheCube]

If you've signed a contract, you're bound to it, unless the Gym is not delivering the services that you are paying for.

If you choose not to use it, or can't use it for some reason that is not the Gym's fault, then it is not their problem. Seriously dude, this is quite obvious. But do read the actual contract and see what it says.

With regards to other people being allowed to cancel the contract based on Doctor's letters, this is more of good will gesture from the gym, rather than enforcement of the law. You shouldn't expect this, and certainly can't demand it. Maybe if you ask nicely, they will allow you to cancel.

 

[DJ...]

If she signed a contract and by no fault of the gym doesn't utilise it, it's not the gym's fault. She is obligated to pay for the duration of the contract. It's like taking out a Talk 240 package and then trying to cancel because you only use 120 minutes per month as opposed to 240. It just doesn't work that way...

 

[hoegh]

you haven't got a leg to stand on, don't waste your time fighting with them, what you could do is close the account they are debting so they can't take your money but they can still blacklist you which is ***, but there is nothing else you can do.

 

[-LiLiTh-]

This is why i prefer hip hop abs

and you get to learn how to dance

+1

 

[|tera|]

We have asked nicely to cancel and they refused. My girlfriend didn't think through when she signed this contract, I have to agree.

Sure, I'm taking a chance by asking for a loophole here, but at least I'm thinking logical about this issue. It's not as if she uses their electricity, drink their water or sweat on their floors. Comparing this to a cellphone contract etc. is rather lame to be honest. This is completely different and needs to be viewed from another perspective.

I'll see what I can do about this. If I need to pay the difference of the months in cash to close this thing, then so be it.

 

[xrapidx]

you haven't got a leg to stand on, don't waste your time fighting with them, what you could do is close the account they are debting so they can't take your money but they can still blacklist you which is ***, but there is nothing else you can do.

Why on earth go through all the trouble of closing an account when you can just return payment, or block payment?

 

[DJ...]

Comparing this to a cellphone contract etc. is rather lame to be honest. This is completely different and needs to be viewed from another perspective.

How is it lame and how is it different? It's the same premise. You merely want this to be different - simple fact is that it's not. She's bound by that little piece of paper that she willingly put her signature on...

 

[xrapidx]

We have asked nicely to cancel and they refused. My girlfriend didn't think through when she signed this contract, I have to agree.

Sure, I'm taking a chance by asking for a loophole here, but at least I'm thinking logical about this issue. It's not as if she uses their electricity, drink their water or sweat on their floors. Comparing this to a cellphone contract etc. is rather lame to be honest. This is completely different and needs to be viewed from another perspective.

I'll see what I can do about this. If I need to pay the difference of the months in cash to close this thing, then so be it.

Ok - lets compare it to a DSTV contract When you're not watching TV - you're still paying for the access....

 

[krycor]

Simple,

1. Go to a medical doc, tho i'm thinking a physio report might be ok too(ask .2), not sure and get a report on the 'problem' with knee.
2. Speak to the manager/owner of the gym. If its a large gym aka virgin/planet fitness you can take it up further along the chain to the regional manager or central.

Bascially you might be able get out of the contract if you injured uhm ...(dunno whats this word for perm unable to use gym for period >6? months) and have attended a few times you can sorta twist their arm to get out of it. But its primarily with the owner/manger to squash it.

Brother killed his contract due to some issue and provided evidence to support. It wasn't easy but he pushed the issue till they cleared it, so it can be done!