Gym membership, I WANT MY MONEY BACK!

So, I like a lot of people, I had a gym membership but haven't been to the gym in a few months.

Today, 26/11/18, I sent them an email to cancel my membership and they replied and said that they have closed my direct debit account.

Now, the fees work like this according to them. Its prepaid in advance monthly fee of $250! deducted on the 20th of each month. So 20th of November is paid for the month of December 1-31.

They said that my fees for December have already come out and they have a no refund policy or something that apparently I signed on when I join.

I want, at the very least, my money back for December as I don't want to go back there and haven't been back there in months but they keep taking out my money.

What can I do?

Comments

                                                • @HighAndDry: This will be my last and final post on this.

                                                  I don't appreciate your use of strawman arguments when I have clearly stated it is the LENGTH and TOTAL AMOUNT of Gym contracts that are my concern. I don't care whether it is pre-paid or post-paid. I don't appreciate you referring again to my example when it was clearly a specific example for a single purpose.

                                                  These long term gym contracts are not for the benefit of the consumer, unfairly locks them in for a long period of time and/or significant exit fees. Who cares if they pay in advance? They may be locked into a $1500 amount with no apparent way out if their circumstances change or if they can no longer afford it.

                                                  The Gym(s) are only interested in signing up a consumer to 12/18/24 month contracts as, to them, it is guaranteed money as soon as the signature is gained. Thus why the majority of gym staff are Sales Reps and not personal trainers. One major chain no longer even hires trainers, their staff consist solely of sales staff. Personal trainers (to that chain) are now contractors who have to hit up gym go'ers and try and extract further money from them.

                                                  ie. Fitness First - cancellation fee on an example contract of $1794 is 95% cancellation fee. They are guaranteed a minimum $1704.
                                                  Anytime Fitness - cancellation fee on an example contract of $984 is 50% cancellation fee. They are guaranteed a minimum of $492.
                                                  Local gym is my area is 100% cancellation fee.

                                                  Unfair contract terms such as this have been well tested in VCAT. Most signicantly here. Note at 40 "it is necessary to take care, particularly on this first occasion, to provide clear signposts"…to ensure a contract term is fair. there are another dozen examples stemming from this under the old FTA. It has yet to be tested under the new ACL. It's obviously not a minor concern when CAV have posted at least 3 revisions on this topic here

                                                  p1 ama, all your examples are of monthly services. None of which lock you in for long term 12-24 month contracts. Not even relevant. I never said people with bad credit cannot get contract services, however in the example (Gym) the consumer DOES owe money (in the Gym's eyes) if they sign a $1500 12 month contract and want to end it 3 months in. See?

                                                  Look, I have extensive background in this industry and the telco industry, this WAS rampant, now it's been toned down but still occurs all the time. This all stems back to my ORIGINAL comment (that HighandDry jumped in on) where I stated:

                                                  "In fairness, it happens so often because your company motto is to sign people up for long term contracts knowing full well the drop out rate is extremely high :)

                                                  Why do you think internet and mobile service providers (except for the dinosaurs like Telstra) have flipped from 12-24 month contracts to monthly no lock in contracts."

                                                  Lucky there are more providers offering easy month to month, no obligation/lock in, contracts these days. Consumers who want to get or stay healthy have more options…but the black sheep and dinosaurs of the Health/Fitness industry still remain.

                                                  • @Typical16-bitEnjoyer:

                                                    it is the LENGTH and TOTAL AMOUNT of Gym contracts that are my concern. I don't care whether it is pre-paid or post-paid.

                                                    Ok, but the law disagrees. Basically you're saying you think there should be a duty of care re affordability here. That's fine, but there isn't such a duty in the law.

                                                    • -1

                                                      @HighAndDry: And this, ladies and gentlemen reading this in the future, is another textbook example of a straw man argument :)

                                                      • @Typical16-bitEnjoyer: It's not a strawman - you're the one who brought up "duty of care" which is a legal term of art. And the law makes a distinction between pre-paid and post-paid contracts, of whatever length. YOU have now pivoted to saying that long contractual terms (or expensive contracts, or both) are somehow "unfair" - but you then link a case in which there are far more than just those two issues - relevantly being waiver of liability clauses, automatic renewal clauses, and more importantly - there is no duty of care issue in this case.

                                                        Why do you think internet and mobile service providers (except for the dinosaurs like Telstra) have flipped from 12-24 month contracts to monthly no lock in contracts.

                                                        Because of market competition, not because of some legal obligation to do so.

                                              • @Typical16-bitEnjoyer: I still don't understand the point you're trying to make.

                                                Let's actually take your point to its logical conclusion. You say that a gym has a duty of care not to give memberships to those who may not be of good credit. There are two logical conclusions from this:

                                                1) All subscription services now would have to credit check me if I wanted to join. That means that if I were to subscribe to Netflix, YouTube Red, Spotify, Xbox Live, a monthly donation to charity, my local photography club, my child's school fees…etc. This is clearly ridiculous. You don't really believe that every single one of these services would have to run credit checks on me before allowing me to join?

                                                2) A person with a bad credit history or no credit history cannot join the gym or any other subscription service.

                                                Of course, both of these are ridiculous ideas that are in no way reflective of how the world works. The problem here is that you're trying to make the evidence suit your story. Your view is that the way that gyms operate are unethical, and I completely accept that you may be right about this. However, that doesn't mean that when the ACCC is referring to "duty of care" they are referring to financial duty. You fully know that they are referring to the gym having equipment that is safe, that nothing will break and injure you, that they have staff to ensure you are using the equipment correctly…etc. I think you're just taking advantage of the ambiguity to support your argument.

  • +1

    You need to give OP some credit for not asking for the few months, in which he hadn't been to the gym, to be refunded.

    Like everyone else I do think OP should just pay up and STFU and take responsibilities to his own actions.

  • +2

    wait so you signed a contract stating you would be a member for X amount of months and then you go ahead and cancel and now you want your money back?

    lol wut? What fantasy world are you living in?

    How about you let the membership run its course and actually use the gym? Better yet you could have sold the membership for half the cost to someone on gumtree for a discounted rate. That way you could have got some money back.

  • +1

    "What can I do?"

    You willingly signed up to a gym that's $250 p/m and haven't been in a few months. Those few months you didn't go, you didn't complain about paying your monthly bill. You put yourself in this situation and complain about $250 when you cancel.

    Take responsibility for being lazy, this is what happens when you skip going gym.

    Go back to the House of Gains.

  • +1

    When i was in Canada i signed up to the gym, the contract stated that if you don't live within 25km or some such distance the contract can be voided without penalty.

    When i went to move back to Australia and cancel the contract they definitely didn't mention this and said i needed to pay out the remaining contract period.

    I told them where to shove it and that was the end of that. Read the contract!

  • I feel like a lot of people are reading the title, skipping the OP, and then directly commenting.

    Tl;dr: OP cancelled his gym membership, and his gym has accepted the cancellation, but OP also wants the last Direct Debited amount taken out on 20 Nov 2018 for the month of December, to be refunded.

  • One good thing to ask about when it comes to gym memberships is the ability to suspend your membership.

    The place I used to go to allowed unlimited, cost free suspensions within reason (ie not suspend every weekend, but rather a month block if you go on holiday or if you have an injury or illness)

    From what I have seen, it's much easier to suspend yearly memberships that you have paid for up front vs the weekly/monthly direct debit ones as they use a 3rd party service to manage this so it's not as easy for them.

    If they do offer it, make sure to ask:
    - How far in advance do I need to give?
    - What is the minimum and maximum duration?
    - How many times can I do it a year?
    - Are there any costs involved?

  • What gym do you go to OP?

    This was the only one close to the prices you are claiming… and its in America

    https://www.businessinsider.com.au/equinox-luxury-gym-review…

  • Hello, this is the gym u are not getting ur money back because u cant read the contract

    also that title is incredibly obnoxious

    have a good day sir

  • I still dunno how someone is willing to pay for a gym that costs $250 per month, thats $3000 a year ? Unless you have a personal trainer on standby

  • I want $100M and a Pony, but I'll settle for the $100M.

    Sadly no one cares what I want, even if I were to write in all caps.

    Many gyms couldn't exist if people didn't get membership then not go. They factor it into their pricing.

  • hand in your ozbargain membership. fail.

  • Think about the gainz tho

    • All losses for OP so far.

  • +1

    been there done that… you just gotta accept it :(

  • -1

    Think about the gainz tho

    • Well Op gained weight sitting at home and lost $250 sitting at home.

      • Some people just deserve to lose money

  • +1

    Is there a clause about the fees being waived if you move interstate? Some gym contracts have that. If you can prove you're moving interstate you could have the fees waived.

    So either pay the fees off, or move interstate so you don't have to pay them off.

  • +2

    $250 for gym membership. For a month. Here I think $7 at Jetts per week is too much.
    If I paid $250 for a gym membership, I would also expect a happy ending at every visit.

    • +1

      you can expect, doesn't mean it will be fulfilled.

      • He can diy tho

  • 250/month? please leave OZB and never to return again!

  • No refund for you!!! (in the voice of Soup Nazi from Seinfield)

  • I have exactly the same problem.
    I signed up for a house and the mortgage keeps coming out of my account.
    I WANT MY MONEY BACK!
    After a few months, I got sick of it and don't want the mortgage I just want the house.
    They keep taking money out.
    What can I do?

    • Easy!

      Don't follow your contractual obligations.
      After all, you haven't really used the house much because you've been away.
      Call the bank up and explain that because you haven't really used the house, you don't want it anymore.

      They tell you the process you need to follow, but instead of listening to that process you tell them its not fair because of Mabo or the vibe or something. Actually, its because your friends bought the house next door and you really wanted to live next door to them!

      I'm sure it'll work out, good luck mate ;).

    • Hmm isnt Strategic default on a nonrecourse loan a thing to do in the US ?

  • if u sign up to a $250 a month gym. and your complaining about $250. your to poor and dumb to have signed up there in the first place and also lol

  • expensive gym! mine is $400 a year or $10 a week.

  • I've had so many bad experiences with DD, including my gym which took out two more payments after I cancelled (although this was in the contract, so I expected it)

  • It's called a fat tax mate. Grin and bear it.

  • -1

    Dodgy billing practises by many gyms. They should be exposed in a royal commission.

  • +4

    Just so I have the facts right:

    1) You joined up to a $3000pa gym
    2) You did it because your friends pressured you into doing it.
    3) It's been a few months and you've never used it.
    4) You now want to cancel, but you don't think you should follow the cancellation policy noted the contract because you haven't used the gym.

    Umm… I'm not sure what you want to hear?

    That you're lazy?
    That you're easily influenced by "friends"?
    That you have more dollars than sense?

    Why on God's Earth would you think a business, who you've signed a legal contract with, would willingly give you $250 that they are legally entitled to?
    Out of love? Some farfetched misplaced guilt? Come on dude, get serious. They've done nothing wrong, why should they lose money?

    Welcome to adulthood mate. Sounds like you're going to have a tougher time than most.

    Cancel the contract, pay the cancellation fee, and learn the lesson…. now!
    Better $250 now as a lesson learned, than $250,000 later.
    I really hope you don't need a follow-up lesson later on.

  • +1

    Man I could buy so much gym equipment for my house with $250 a month. by the end of the year you'd have a decent treadmill, good free weights, a bench/pullup bar combo, could even afford some decent rubber flooring. That is just year one…

  • I see nothing wrong with what has happened. They aren't overcharging you or in any way scamming you.
    You want a refund and they don't have to give you one. The end. Sorry, not sorry.

  • For that price I hope the gym come with cocaine or hookers, or is that normal?

  • Teach them a lesson. Go every day in December.

  • If your issue was about affordability, I would feel for you. However, if you can afford to pay $250 a month for a gym membership (which is not a service for a matter of life and death); moreover, if you have not bothered to cancel your membership during all those months that you haven't been to the gym, your situation tells me that it wouldn't really hurt you to pay another month's fee, which the gym is very much entitled to charge you. Can't see why you are making such a big fuss about it - just because they followed the terms in the contract instead of your impulsive sudden request is not a good enough excuse for winging.

  • -2

    @johndowy

    Yes the rules and conditions specified in contract that OP signed are relevant and important. However any rules or conditions in the contract CAN NOT contravene applicable Australian consumer laws. I am not a lawyer but requiring 15 days advance notice to cancel gym membership does not "sound" appropriate for a gym membership. Notice periods are acceptable in consumer law when they are used to avoid unreasonable losses such as when when leasing your property to tenant. But I can't see compelling reason for a gym membership

    Complain to ACCC and the Ombudsman

  • This is QLD, but it may apply. It looks like it's your only option. You need a permanent sickness or injury that is so serious you can't use the gym services.

    • I believe OP may be on a month to month contract. I make this assumption as most Gyms will never allow you to cancel a 6 or 12 month contract without paying the charges for the full term. The fact that the Gym did not even make a fuss indicates the OP is not in fixed term contract or has passed the minimum term.

      Hence the question is how many days notice is legally required to terminate an month to month plan

      • Whatever it says in the contract. Often one month in advance I think. In which case the only chance to get a refund for December is if they aqcuire a permanent sickness or injury before December, still not guaranteed.

      • OP already answered further up - he needed to cancel by the 15th of the month before, because the direct debit is taken out on the 20th, for the following month.

  • +7

    Lol this guy is a weirdo troll that has been on here sporadically over the last 5 years…

    johndowy on 17/03/2014 - 22:48
    I am going to win a $1.5 Million Show Home or $1.25 Million Cash in a lottery - Which one should I take?
    Just some background info.
    • Single, 23yo.
    • Full time job, 55k per year.
    • Living at home.
    • No car, no expenses
    $20k savings.

    johndowy on 30/05/2015 - 21:12
    I am curious about how much money people have in their Superannuation accounts compared to their age.

    Most of the money I have is from work but I have contributed a little as well.

    I am:
    28 Years Old
    $25,000

    • I wonder why people troll ~

      OP can you provide some insight?

      • Attention seeking behaviour? Re winning the lotto, wish fulfillment/fantasizing? shrugs Who knows….

        Edit: Another possibility is that OP isn't a troll, but is just obfuscating his personal details. I wouldn't want to let any of you weirdos know my actual age, address, stuff like that either.

    • +1

      I wouldn't want to catch his aging genes.

    • -1

      Wow, that's 5 years in 1. That would make me 43 in 2018.

  • +5

    You are literally the typical and best customer for a gym lol

  • Be careful, some gyms charge you good-bye fee

  • From the price it sounds like F45. Since I don't use social media much I didn't even know until recently what they were selling until I walked past 2 in the same week (Bondi and Bondi Junction) and these guys and girls were standing around listening to some coach like marines. Unlike the groups you see in the park they all looked like they were already into exercise before they joined the gym (like fitness models advertising the ab crunch on TV), which might suggest it actually works, or beginners are too intimidated to join.

    If there was a free suspension period in your contract it's a shame you didn't use it while deciding whether to continue. I was looking into using gym memberships as a portable shower while travelling around Australia and I realised they all have shifty conditions in the contract and bad reputations with lodging cancellations (e.g. from a review online, "must cancel in person" at a 24 hr gym that's only manned during the day), even the no lock in ones.

  • do you even lift bro

  • lol only reason to go to a gym is if you plan to get some (edited).. otherwise just do manual labour work around the neighbour hood or house or make your own gym at home.. i never understood this unless it was a social thing among family or friends or something then yeah that is fine.

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