NCA guide to gym contracts
Introduction
Thinking of joining a fitness or leisure centre? Before you do, visit the premises and satisfy yourself that the equipment, staff and facilities are up to the standard you require.
Then, before you sign up, check the terms and conditions of the contract to be sure you are happy with the agreement you are signing.
Always remember that a contract is a legally binding document. If you sign it, its effects may last long after you have worn in those new trainers. The following are some of the main issues to look out for.
Find out more about your consumer rights and gym contracts below.
Understanding the contract
Contracts should be clear to customers. You should not need legal advice to understand what is contained in them. Take time to read the contract through, so that you fully understand what the club expects of you and what you can expect of them.
If you do not understand any words or the meaning of the term is unclear, ask for an explanation before signing anything.
What if they say they are not liable?
You have some protection in this context under consumer law, in particular the European Communities (Unfair Terms in Consumer Contracts) 1995.
It says that a clause is considered potentially unfair if it states that the supplier is not responsible for death or personal injury to the consumer "resulting from an act or omission of that supplier".
Duration of the contract
The contract you are asked to sign may commit you to remaining a member for a minimum amount of time, for example one year.
This could apply even in cases where you pay by instalments or by direct debit.
You may be legally committed to having to continue to pay for the minimum duration of the contract.
Where the full amount has been paid in advance, you may not get a refund.
Carefully check any terms and conditions in the contract that refer to minimum duration and refunds before signing.acts
Payment
The types of payments vary from gym to gym:
- Some require payment in advance in respect of a year's membership ("up front annual subscription fee")
- Others provide the option of paying by direct debit/credit cards instalment
- Or a combination of both options (up front payment or monthly subscription) may be available
In all cases:
- Calculate how much each option will cost you
- Read the terms and conditions with particular reference to any penalties for default of payment
- Satisfy yourself that the payment option you choose is best suited to your needs
Remember: if you are paying by instalments, your bank/credit card statement is similar to a receipt, so check it.
Legal obligation
Once you have signed the contract you are legally committed to paying for the minimum duration. In cases where the membership subscription has been made in advance ("up front payment") you may not get a refund/partial refund.
While it is open to you to stop your direct debit at any time, remember that this does not remove your payment obligations under the contract.
Some gyms operate a rollover or an automatic renewal clause. This means that if you fail to inform the gym in writing that you do not intend to renew your membership, it will automatically continue.
Cancelling a contract
Most contracts require you to give notice of cancellation (for example, one month in advance).
Make sure you know what the cancellation requirements are, so that you can weigh up the contract and decide whether it suits you. You will usually be required to pay during the notice period.
Disputes
If a dispute does arise between you and the gym or leisure club in relation to its terms and conditions, the best advice is to make an initial attempt to resolve the matter with the club or gym.
Always keep copies of all correspondence (including emails if you have communicated in this way) and records of phone calls you've had with the business. This will be important later on if you are unable to resolve the dispute with them.
If you have a claim against the business of up to €2,000, one option would be to take a case in the Small Claims Court. This is a relatively cheap, fast and easy way for consumers to resolve some types of dispute without having to use a solicitor.
The application fee is €15, and the service is provided in your local district court office.
What else should I look out for?
Where possible, try to speak to existing members who use the club, such as relations or work colleagues.
Find out whether they are satisfied with the service. Some gyms also offer free trials or pay-per-visit membership, so this is an opportunity to try their services before deciding whether or not to join.
Keep an eye out for potentially unfair terms in the contract such as those outlined above, and satisfy yourself that the contract meets your requirements before signing it.
Don't be afraid to ask questions, and get your answers before signing up and parting with money. That way you'll be more likely not only to get fit but also to get a fair deal.
Return to the web version of our guide to gym contracts
http://www.consumerconnect.ie/eng/Hot_Topics/Guides-to-Consumer-Law/Gym-contracts/