Incomprehensible language, tortuous clauses, long notice periods and even the odd unfair term. Gym memberships can be a tricky contract to get out of.
So just what are our rights to terminate the contract? Under what circumstances does a gym member have a case for arguing that their membership should end?
Are gym memberships legally binding?
Yes, when signing a contract with your gym, you are signing into a legally binding agreement. The only way the contract wouldn't be legally binding is if the terms are unfair. For example, renewing your membership without your permission or changing the membership price mid contract could be seen as 'illegal terms'. If you think some of the terms in the contract are unfair, you should ask the gym to remove them before signing. Alternatively, if you're struggling to cancel your membership, contact the Citizens Advice consumer helpline on 03454 04 05 06.
How to get out of your gym membership mid-contract
According to lawyers at DAS Law, who provide telephone legal-advice for lawontheweb, the UK’s leading website for free legal advice, there are a number of reasons gym members can terminate their contract before the end of the agreement.
Major changes to the facilities
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If the gym closes or removes a facility which formed a significant part of its offering – for example, a swimming pool or steam room – this could be construed as a breach of contract by the gym. This gives you grounds on which to argue for a reduction in fees or contract termination.
Long-term illness
If you have a fixed-term membership such as one year but your circumstances change in an unforeseeable way – a long-term illness, for example – you have grounds for immediate cancellation. This is because British courts have decided that some minimum terms of memberships are unfair, particularly where termination is prevented despite the consumer facing unforeseen circumstances.
Should a long-term illness permanently affect your ability to use the gym, you have the right to ask the gym to make modifications so that you can continue to use it if you wish.
An increase in fees
An increase in your gym membership fee could result in a breach of contract, but it depends very much on the wording of your contract. The price rise will need to be large enough to show that it represents a significant departure from the original basis of the membership contract.
Unfair terms
If you've signed a gym-membership contract but subsequently decide that one or more of its terms is unfair, you still have rights. In particular, the Consumer Rights Act of 2015 means that any contract signed is subject to a test of fairness. If it is judged to be unfair, then it is void. An unnecessarily long contract, early termination fees, automatic renewals or punitive penalties may all be considered to be unfair under the Act.
Holly Heath, Solicitor at DAS Law says: “The key with gym contracts is to read them carefully and only sign if you’re happy with them. If a specific clause seems unfair or inappropriate, ask the gym to remove it from your contract before you sign.
“If you do find that you need to terminate the contract early, check the contract to see if it covers your circumstances. Does it, for example, specify what happens if you are ill or lose your job. If it does not, then you have good grounds for a discussion with your gym to try to reach an agreement.
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