Perhaps she should have read the contract before she signed it? Or got a copy at the time of signing?Then she got a very aggressive phone call from the club administrator, quoting the contract. This was followed by a letter with a 'contract' stapled to it - the first time my wife ever saw it. I phoned the administrator and pointed out that my wife had initially entered a verbal contract with the sales person which did not include any 12-month minimum term. She then signed the form that was pushed in front of her in good faith, without reading the small print! I pointed out to the administrator that since my wife had never seen or been told about this 'contract' before - much less been given an opportunity to read it - the 'contract' is null and void as far as we are concerned and that any court would most likely agree.
I have to take your 'hindsight' point with a pinch of salt. Your wife had the contract in her hand, and could have stopped and read the contract before she signed it. Or she could have insisted on getting a copy before she signed it.Indeed she should have. But that's the great thing about hindsight.
The point is really that the sales person made no mention of any minimum membership period and my wife believed that what she was signing, in good faith, formalised the verbal contract she had just entered into with the salesperson. The detailed contract she has just received in the post was not mentioned or made available to her at the time to read, let alone keep. It's a very shoddy practise whichever way you look at it.
I have to take your 'hindsight' point with a pinch of salt. Your wife had the contract in her hand, and could have stopped and read the contract before she signed it. Or she could have insisted on getting a copy before she signed it.
I remember buying a car from a garage some years back when the salesman was amazed that I insisted on reading through the terms & conditions on the order form before signing it. He told me I was the only person who had ever done this. Maybe more people need to take responsibility for their actions.
For the record, it does sound like there was sharp practice on the part of the gym. Was there any discussion about cancellation terms before signing the contract at all?
Yes there was: "You can cancel any time, with two months notice".
Perhaps she should have read the contract before she signed it? Or got a copy at the time of signing?
It's been on the website for some time now - see http://www.consumerconnect.ie/eng/Learning_Zone/Guides_To_Consumer_Law/Gym contracts/The NCA will be publishing a consumers guide to gyms in the coming weeks, such is the level of concern they have about how gyms are being operated. Keep an eye on www.consumerconnect.ie for updates on that.
At that point we'd already visited one of Ben Dunne's gyms and signed up on the spot. The sales staff there were so helpful and even allowed us to join with a stranger in order to take advantage of an amazing offer - €750 for three people joining for the year - a measly €250 each for a whole 12 mths! No hidden contracts/direct debits nothing. Simply paid the membership fee, was given our free bags and locks and have been enjoying our visits ever since.
Jackie Skelly is a joke and an absolute ripoff. My friend and I visited one of their gyms last week and were told that if we "availed" of their New Years offer that day we'd get the joining fee at a steal (€35 instead of €150) and would only have to pay €71 each/month. Wow - some deal. That works out to €887 for the year!!! She was all about the free personal training sessions that I'd be getting which were of no interest to me at all. We worked her down to €65/month each and left saying that we'd think about it. She was NOT pleased and came back with this comment "Oh ya - well then come back to me in a month and I'll charge you the €150 joining fee!" We were so insulted and decided then and there that we were most definitely not joining that gym. The salesperson even had the nerve to call us the next day and try to see if we'd changed our minds!!!
At that point we'd already visited one of Ben Dunne's gyms and signed up on the spot. The sales staff there were so helpful and even allowed us to join with a stranger in order to take advantage of an amazing offer - €750 for three people joining for the year - a measly €250 each for a whole 12 mths! No hidden contracts/direct debits nothing. Simply paid the membership fee, was given our free bags and locks and have been enjoying our visits ever since.
Word of advice to you all - Jackie Skelly is not worth the money or the effort.
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