Help needed, Gym contract

xrapidx said:
Why on earth go through all the trouble of closing an account when you can just return payment, or block payment?
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I am closing her account in any case next week. I need another thread for this, but Absa is a truly shoddy bank.

I think I'll sign her up with Standard Bank, since we'll have more control of our finances etc. Or should I opt for FNB? (I'm with Standard)
 
DJ... said:
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...
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It's not the same, but you lack the basic common sense to know there's a difference.
xrapidx said:
Ok - lets compare it to a DSTV contract :) When you're not watching TV - you're still paying for the access....
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Again, there's a difference.

Later.
 
Contract is binding unless there is a specific provision in it that allows you to get out (there probably won't be though :(). Doesn't matter whether you use the service or not.

If you don't use the service, then the other party may release you from the contract, but they are not obligated to do so & can't be forced to do so either.

Best course of action is: 1. Get contract & read it carefully 2. Try the route krycor said re injury 3. Someone else takes over contract.

Sucks, but contract law has no requirement that it must be a fair contract.

Ignore the SMS thing. Probably their system just hasn't recorded the payment yet. If they keep claiming that you have not paid *then* do the bank thing.
 
Well there are obviously laws around what is a "fair" and "legal" contract. Things like having a 7-day cool-off period after signing is part of the law and if you don't allow it in your contract the contract can be considered null and void.

Anyway, there probably isn't a law about "early contract termination", but i'm sure there is -something-. Almost all companies that are not running a dodgy garage job have proper termination terms in their contract. Things like "paying a early termination penalty" , how and when you can terminate and how much a typical penalty is. They HAVE to put it in there somewhere. Besides if it's not there, then they probably can't enforce a penalty either? And even if it's there, is it legal?

Now i can only hope one day we will have proper rules surrounding "what kind of termination penalties" are fair to require on early termination.

Didn't they start doing this with cellphone contracts? Could swear there was a movement in making more "consumer friendly" laws about getting out of cellphone contracts....
 
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Thank you for the last two replies. Appreciate it.
 
teraside said:
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.
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The contract is pretty much tight in this regard.
As The posters have advised that it is at no fault of the Gyum that she is not using the gym and they have a signed contract, there is nothing you can do about it.

You should be able to freeze the contract (through dr letters etc)until she is able to use it again but by the sounds of things she won't...


teraside said:
I am closing her account in any case next week. I need another thread for this, but Absa is a truly shoddy bank.
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Are you thinking of defaulting on payment?

If that is the case, you are looking for schitt to be honest.
Planet Fitness (I assume) has some of the best lawyers...I personally wouldn't do that...

A contract is a contract mate, whether it is Gym, DSTV or Cell.
You sign, you are liable.
 
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Why don't you rather focus your energies on trying to sell this contract to somebody else, then look for loopholes, and fight with these people when you have no legal case??

It'll be time better spent.
 
Kage said:
The contract is pretty much tight in this regard.
As The posters have advised that it is at no fault of the Gyum that she is not using the gym and they have a signed contract, there is nothing you can do about it.

You should be able to freeze the contract (through dr letters etc)until she is able to use it again but by the sounds of things she won't...




Are you thinking of defaulting on payment?

If that is the case, you are looking for schitt to be honest.
Planet Fitness (I assume) has some of the best lawyers...I personally wouldn't do that...

A contract is a contract mate, whether it is Gym, DSTV or Cell.
You sign, you are liable.
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I never even hinted at the fact that we would NOT pay this account/contract. That's not the reason I'm changing banks, Absa is just crap.

Fact remains. She has inquired previously as to means of terminating. She received a response which plainly said she can't. Now reading some comments on here, shouldn't there be a penalty fee (even including remainder of months due payment etc).

How can they just tell her she CAN'T cancel?

My main peeve is the fact that we always pay them and every 2 or 3 months it's nonsense that pops up that we haven't paid. That's my point. They are causing me to lose my patience.
 
some contracts say they cant be transferred/sold to another person. however Curves for example will accept a doctors letter for pregnancy, which puts a hold on the contract and a physicians letter for something that prohibits you from exercising to prevent further health problems.

otherwise you are stuck in the contract.
 
hoegh said:
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.
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His post + your reply = my post.

teraside said:
I am closing her account in any case next week. I need another thread for this, but Absa is a truly shoddy bank.

I think I'll sign her up with Standard Bank, since we'll have more control of our finances etc. Or should I opt for FNB? (I'm with Standard)
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The best thing is that you should be able to pay out the difference and the cancel it like that.
But why cancel why not join her at the gym?
 
If you're going to pay to get out of the contract then you might as well just use the facilities (take advantage of what you're paying for). Her knee being sore doesn't mean she can't do upper body exercises...
 
Heaven help me. Now this thread has turned around into a debate whether tera needs physical exercise?

Seriously bro's. I get enough exercise at work and after this whole experience with the all ladies gym (thread topic) I would never willingly sign a gym contract.
 
teraside said:
Heaven help me. Now this thread has turned around into a debate whether tera needs physical exercise?

Seriously bro's. I get enough exercise at work and after this whole experience with the all ladies gym (thread topic) I would never willingly sign a gym contract.
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Mate why not say that it is Curves. :rolleyes:
 
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