# Breech of contract ??



## Perrin (12 Feb 2010)

I entered into a twelve month contract with a well known Gym. Given that it was a 12 month contract I did not read the T&C’s and just signed assuming I would be able to leave anytime after 12 months had passed. Having spent 15 months with the company, last month I decided to leave and cancel the contract ‘at the bank’ by stopping the direct debit payments. Then I get a phone call informing me I was not allowed do this and was referred to a section of the contract as follows: 
I entered into a twelve month minimum contract in which I was allowed exit only after TEN months by giving two months notice on the tenth month. Otherwise after 12 months the contract will roll on a month to month basis and that hereafter I am required to give 60 days notice in writing to cancel my membership. I acted on the premise that it is my God given right to cancel any contract I have entered on contract expiry but these people are now telling me I owe them money! 
I know I deserve a kick in the nuts for not reading the contract initially but my instinct is telling me that these people are acting outside of contract procedure. 
Does anybody have any advice on this?


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## mathepac (12 Feb 2010)

Perhaps you need to read any future contracts before signing them. Your incorrect assumptions and instincts about "contract procedure" are unlikely to alter the fact that the contract sounds air-tight, biased in the vendor's favour, but not illegal.


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## galleyslave (12 Feb 2010)

contact them. Cancel it at the bank and tell the gym you can't afford it and if they persist you'll be in touch with every local radio station and newpaper and online discussion forum you can find and will publicise their business practices for all to see. those conditions are ludicrous. Mind you, so was signing the contract without checking the conditions


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## onq (12 Feb 2010)

Perrin said:


> I entered into a twelve month contract with a well known Gym. Given that it was a 12 month contract I did not read the T&C’s and just signed assuming I would be able to leave anytime after 12 months had passed. Having spent 15 months with the company, last month I decided to leave and cancel the contract ‘at the bank’ by stopping the direct debit payments. Then I get a phone call informing me I was not allowed do this and was referred to a section of the contract as follows:
> I entered into a twelve month minimum contract in which I was allowed exit only after TEN months by giving two months notice on the tenth month. Otherwise after 12 months the contract will roll on a month to month basis and that hereafter I am required to give 60 days notice in writing to cancel my membership. I acted on the premise that it is my God given right to cancel any contract I have entered on contract expiry but these people are now telling me I owe them money!
> I know I deserve a kick in the nuts for not reading the contract initially but my instinct is telling me that these people are acting outside of contract procedure.
> Does anybody have any advice on this?



I am not a solicitor and this is not expert opinin, merely a discussion of general principles. I am happy to stand corrected on any and all of the points raised. My best advice to you is not to rely on advice offered here by to retain a competent legal advisor specialising in contract law. That having been said, I'll venture this _suggestion_, not even advice...

Were you made aware of this at the time you signed? I understand that there may a principle in contract law such that where the contract is framed by one party and the conditions offer an advantage to that party they must make the other party aware of the condition.

Furthermore my understanding is that contracts must be equitable to both parties and where a consideration arises there should be a benefit. I can see little grounds for arguing you received a benefit in the case of the 10 month condition unless there were queues out the door waiting to join this Gym and you had thereby secured a much-sought-after place at the establishment.

Unless the Gym can show a financial loss from having to source a new Member I think you may be able to deal on this one, but you may need to dicker and offer a compromise.
However the Gym might claim they had a reasonable expectation of income and will incur increased overhaeads and administration costs for any cancellation or changeover.
You could phone a friend to take your place by agreement with the Gym and pay the difference so hey couldn't show loss of earnings that way but there may be charges.
Where there is no perceived benefit to the extended tie in and there is a case for hardship to be make a judge may interpret such principles as may exist in your favour.

ONQ.


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## Locke (12 Feb 2010)

galleyslave said:


> contact them. Cancel it at the bank and tell the gym you can't afford it and if they persist you'll be in touch with every local radio station and newpaper and online discussion forum you can find and will publicise their business practices for all to see. those conditions are ludicrous. Mind you, so was signing the contract without checking the conditions


 
Galleyslave, I don't see what this is going to achieve for the OP. At the the end of it all will happen is there T&C's being broadcast and running the risk of the GYM taking action against something that would be considered reputational damage for what, in reality, is in print before the OP signed and not illegal.

Perrin, hi. If you are in genuine difficulty you could say that you cannot afford it and see if you can negotiate your way out of it from there. I do know a friend of mine had this problem and they told the gym that the sent in a letter giving notice (when they hadn't) and that the GYM never acted on it. That was the end of that one.

GYM's are notorius for this behaviour in cancellation and I know hindsight is a great thing, but it's important to make sure exactly what you are getting into.

I don't agree with the 60 days notice, it should be max 30. Who knows where you are going to be in 2 months especially in these times.

I agree with ONQ and talk to some one with with legal expoerience in relation to this. Especially if the GYM in question becomes threating.


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## ronny78 (12 Feb 2010)

Perhaps do a search and check some previous threads in the Consumer Issues Forum.

The gym chain Jackie Skelly's has a similar clause and the hassle that people have had to get out of those contracts is discussed. A number of people have had the same problem as you with them, even though you don't say that it is this particular gym, perhaps there will be some useful advice in some of them.

Just a thought before you embark on expensive legal advice that could end up costing you more than 60 days membership.

R-


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## Society (3 Nov 2010)

I gave my gym 6 weeks notice and cancelled my direct debit.  It's totally unfair to tie people into long notice requirements.  My gym wanted 3 months notice.  I hardly think they'll be bothered pursuing me but if they do I'm going to ask a consumer agency for advice.


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