Gym Charging Me for Damages

puzzles2 on 22/01/2018 - 16:25
Last edited 22/01/2018 - 22:05 by 1 other user

So this happened about two weeks ago, I had finished my squats and was unloading the weights off the bar. I wasn't thinking and unloaded all the weights off the one side, before going to unload the weights off the other side. When I took all the weights off one side, the bar with the weights on the other side tipped over, hitting some glass and cracking it. Normally when I did this at the other gym with the same weight, the rack would hold the bar in place, however this gyms rack was different and tipped over.

At the time, the staff said that the insurance will cover it. Today one of the managers called me in saying that I would need to pay the excess on the insurance, and gave me an estimate of $1000 for the cost. She mentioned that they would get their own glazier in for a quote, but if I could find a cheaper quote then that would work too.

What should I do in this situation? I'm an 18 yo, so it's gonna be pretty bad for me to fork out a grand. Does anyone know of any good glaziers in the south/east suburbs. Thanks everyone.

Sports & Outdoors

Comments

  • loulou1 on 22/01/2018 - 16:48
    +6

    pretty sure you don't have to pay for it. what does your contract say?

  • thatonethere on 22/01/2018 - 17:00
    +5

    Sounds like the bar with weights was unsafe. Accident waiting to happen - luckily no injury.

    • puzzles2 on 22/01/2018 - 18:14
      +3

      That's what I thought, I've done the same thing on other gym's squat racks before and they've never tipped over like this before. In fact after the incident, the staff member talking to me, told me that she thought there might be something wrong with the rack too, and that incidents like this have happened before.

      • jacross on 23/01/2018 - 09:26

        Nah mate, it's not the rack. You were lucky (and weak) with the other rack. Unracking one side is THE faux pas of lifting. You NEVER do it. Its just physics.

        But id be surprised if you're liable. You need proper legal advice.

  • AdamFury on 22/01/2018 - 17:19
    +8

    No way would I be paying that. You pay your fees so you should be covered for that kind of thing. I'd be speaking to someone in the know before forking out anything to the gym.

    • puzzles2 on 22/01/2018 - 17:30

      Who should I talk to? I'm really unsure what I should do, I feel pressured by them all staring at me in the office asking me to fork out money to them.

      • AdamFury on 22/01/2018 - 17:36
        +3

        I'm sure someone on here could give you an idea however I would be thinking perhaps Fair Trading? If they don't pair their own excess are they just chasing up every single person in the gym whenever they accidentally break something? Doesn't sound right to me.

  • puzzles2 on 22/01/2018 - 17:28
    +3

    Thanks for the replies guys, that's what I was thinking too. When the manager talked to me, it seemed like she was just hoping I would pay it without asking any further questions. I don't understand what's the point of having insurance then making your customer pay the excess. What should I do, I'm seriously dreading and stressing about having to pay one grand.

    • Ryanek on 22/01/2018 - 18:03
      +6

      Is it a franchise gym? I would consider contacting their head office and discussing their policy. It really depends on the T&C you signed.

  • Quantumcat on 22/01/2018 - 17:58
    +4

    Don't pay it. They have insurance for a reason.
    Maybe talk to legal aid before you do anything

  • askme69 on 22/01/2018 - 18:33
    +2

    How much weight was on either side of the bar before you took the plates off?

    I have been gyming for 30 years and I never let one side be more than 25kg + then the other. Yes 40kgs is fine and plenty do it. But I er on the side of safety unless its a rack I use religiously and I know its limits.

    The gym is one place where you shouldn't be distracted, the weights don't allow you to be distracted.

    Unless you are fluffing about.

  • mbck on 22/01/2018 - 18:45

    She's asking op to pay the excess. Not the whole amount.

    I'm not sure what the exact excess is, but read the contract you signed.

  • ronnknee on 22/01/2018 - 18:50
    +3

    What a shitty gym. I had a similar experience. There was a bench rack in front of a huge glass pane. Someone had a left pole leaning against the bench rack. I removed a plate which shook the rack and caused the pole to topple over and crack the glass.

    This happened at Anytime Fitness during unstaffed hours. When I got home, I emailed them letting them know what happened (with the expectation that I had to pay some of the cost). They replied, thanking me for my honesty and saving them the trouble of reviewing the video footage. No request for payment at all.

  • John Kimble on 22/01/2018 - 19:08

    As an example, Fitness First says: Note that you will be responsible for any damage that you or your guests cause through a wilful act or negligence.

    https://www.fitnessfirst.com.au/policies-and-legal/terms-and…

    But actually enforcing it is probably at their discretion.

    • puzzles2 on 22/01/2018 - 19:21

      I'm aware of that part in the contract. Just curious as I've done this on other squat racks before and it never happened. When I talked to the staff member at the time, she did say that she was suspicious of the rack and it seemed to lean to one side. She mentioned they were planning to move the racks away from the glass as it had happened before.

      • oscargamer on 22/01/2018 - 20:35
        +5

        they would still have to prove negligence

        and given they never inducted you, that's a long stretch

  • Peanut money on 22/01/2018 - 19:57
    +1

    Did they give you an induction about the equipment?
    Is there any signage warning you not to do that?

    • puzzles2 on 22/01/2018 - 20:03
      +2

      Nope, I was never given a induction on how to use the equipment. I've been gyming for nearly 2 years and mostly learnt with friends and such, but have never had this happen before. There's no signage warning on the equipment either.

      • tomsco on 22/01/2018 - 21:27

        And when it fell, it landed on your foot, yes ;)

        I am kidding by the way, don’t threaten to sue them.

        • puzzles2 on 22/01/2018 - 21:32
          +1

          Haha, the staff member at the time definitely seemed worried and kept asking to make sure that I wasn't injured.

  • PAOK11 on 22/01/2018 - 21:24

    i'd quit the gym if not long left on contract… they will send you letters and so forth IGNORE all correspondence . Worst that will happen is they take you to VCAT & you dispute

    • puzzles2 on 22/01/2018 - 21:26

      My minimum contract length has expired, I can leave anytime, just need to give them 30 days notice. I was planning on sorting this out, then giving notice that I want to leave right after.

      • PAOK11 on 22/01/2018 - 21:32
        +2

        You have selected hard mode… Go to the gym ask to speak to the manager, tell him/her your not paying and respond accordingly

  • [Deactivated] on 23/01/2018 - 00:50
    +3

    Why would they place a weights set near glass? Asking for trouble.

  • adamvlad on 23/01/2018 - 09:13
    +4

    I really feel for you, going through all this unnecessary worry. I am the mother of a 19 year old gym junkie and if that happened to my son, I would personally deal with the company myself. Young people are often bullied into action that older people would just walk away from.
    The whole thing sounds absurd.

  • [Deactivated] on 23/01/2018 - 10:25
    +2

    1) it will cost them far more to chase you for the money

    2) have you been trained by the gym how to unload weights? If the not the WHS regualtor in your state may be interested in this incident.

  • Ayanami on 23/01/2018 - 11:40

    1) Without reading the terms of your contract and knowing about induction processes, what else you may have signed or said when you joined up, I think you're probably liable. You broke something unloading a weight improperly. How much you're liable for is probably the lesser of repairing/replacing the glass or the insurance excess.

    2) Whether or not the gym wishes to pursue you is another matter. Effort, cost, etc etc. Though if they do decide to pursue you, it could cost you a fair bit more and you could wind up with judgment against you, which in turn may affect your credit rating.

    Again, subject to whatever documents and procedures are floating around, if it were me I'd start looking at glaziers. If I were the gym I'd probably try to cut a deal with you after looking at what a glazier would cost.

    If you're really worried get proper legal advice; anything on this forum doesn't qualify.

  • Oz8argain on 23/01/2018 - 15:18

    How much weight did you take off at once? You should always leave some weights on if you are squating heavy. For example: the max individual weight at FF is 25kg, I would know that one side will take 25kg and the other side 0 kg and won't tip over. So when I have 50kg on each side, I only take maximum 25kg off one side, then move to the other side.

  • symo on 23/01/2018 - 17:33

    Not sure if already mentioned but might be worth while reporting the Incident to Workcover.

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