16 January 2012
As this is the time of year that people begin working on their new year’s resolutions, we thought it would be useful to provide some more information around gym membership contracts. Gym memberships as well as other types of memberships for fitness purposes (i.e. yoga, or swimming lessons) all fall under the category of continuing services contracts.
We have blogged about gym memberships before including an overview of your rights with these types of contracts as well as knowing when your gym contract ends and how to cancel it.
You may be aware that you can cancel your gym contract within 10 days of receiving a copy of it for any reason. After that initial 10 day period, you and the fitness provider are bound to the terms and conditions of the contract unless there has been a material change either for the consumer, or the supplier. But what exactly is a material change?
A material change in the circumstances of the consumer happens if:
•The consumer passes away,
•The consumer experiences a physical, medical, or mental disability and has a note from a doctor or nurse practioner advising that continued participation is likely to endanger their health, or
•The consumer relocates more than 30 km away from the facility and the supplier has not provided comparable alternative facilities near the consumer’s new location.
You can also cancel your contract if there has been a material change in the services provided by the supplier which happen if:
•The services are not completed or are no longer available
•The supplier relocates their facility more than 30 km away and does not provide comparable alternative facilities within 30 km from the consumer’s location.
If you have experienced a “material change” and need to cancel your gym membership or fitness contract, we welcome you to use our “cancelling a continuing services contract” forms.
Published in Consumer Contracts.