Injury cannot use gym. Can the gym membership and contract be cancelled ?

Recently had a tail bone injury and have been advised to take a break from the gym. so, won't be able to use gym for some time. I would like to cancel the gym membership. However, the gym owner says, since I have a contract till 18 months, I have to pay the money. I felt this is unreasonable. When I am injured, I cannot use it, I don't want to pay for it.

Any suggestions or advice to handle this case ?

Comments

  • +8

    Read your contract. There may be an option to place the contract on 'pause' for a few weeks but you won't get out of the whole contract itself. It's what you signed up for and not their issue you are injured. Having said that, get better soon.

  • +9

    Reading the membership agreement would be the place to start.

      • +9

        These are specifically designed to be unable to be understood by a 5yo

        FTFY

        • +4

          I think we've hit upon Diji1's issue with these things…

          • -3

            @HighAndDry: Uh oh, you've angered our local Greta

            • @payton: Hardly a Greta. That hypocrite buys a new printer instead of new ink, which tells me he's hardly an environmentalist

      • They are specifically designed to be comprehensive and prevent unforeseen or undesired circumstances that would arise from a simpler agreement.

        If you can't understand them it's because you are either inherently unable to (which is a function of the genetic lottery and not your fault) or haven't put in the work (which is potentially a very rational choice).

        In either case, the role of a lawyer is to assist you.

  • +5

    Why on earth would you sign a gym contract for that length?

    • +4

      A large discount and then the gym hopes you get injured or forget about it.

      How bad would gyms be if everyone with a membership actually showed up!

  • I felt this is unreasonable. When I am injured, I cannot use it, I don't want to pay for it.

    Why is your injury the gym owner's problem?

    There may be an injury provision in your gym contract, but there's nothing unfair about having to pay amounts you agreed to pay.

    To use an analogy, if you lease your apartment for 12 months, you don't get to stop paying rent whenever you're overseas on holidays.

    • Fair enough. I am not saying I won't pay.. if the contract is for 18 months and if you can come up with a one or two months penalty, it is fine. Especially when you are a loyal customer for a long time, paying your membership on time, etc. Dont you think it is reasonable to ask for help ?

      • You asked, the gym owner said no. Beyond that, it stops being reasonable to think that you're entitled to help unless the gym contract specifically gives you that right.

        Plus, it's unreasonable of you to use an injury that stops you using the gym "for some time" as an excuse to cancel the membership entirely.

  • With Good Life and Fitness First, if I am right, if you provide proof of injury and a GP letter, they allow you to cancel. Like the above comments, it would be in the agreement.

    Why don't you try transferring the membership to someone else? I have seen people advertise on facebook/gumtree. You may have to pay the transfer fee.

    On a side note, get well soon. Back injuries are no good!

  • +2

    Unless your contract has an exit clause due to injury, it is not unreasonable for the gym to continue charging you as per agreed upon.

    Your injury is your problem. Yours alone.

  • +2

    Try asking on Facebook or Gumtree if anyone wants to continue the remainder of your contract and then transfer it to their name.

  • +1

    Next time get a month by month gym membership.

    • Agreed. Lesson learnt.

  • -3

    Guys my car broke down the other day, and I wasn't able to drive all that time, do you think I can claim back my registration? After all I paid for a year.

    • +16

      Yes. You can cancel your rego and get pro rata refund.

      • +1

        Haha well done. It seems that tsunamisurfer's attempt at sarcasm has failed :)

    • Yes, you can.

  • -1

    Please tell me you joined at the start of the year with a new years resolution in mind and got injured 3 weeks in. PLEASE

  • +1

    To put a bit of a different angle on things -

    Unless you got injured at the gym through some act of negligence on their part, it's also not their fault you got injured and under those circumstances I don't believe it's unreasonable for them to refer back to the agreement because otherwise they lose money.

    I've been in this situation myself a couple of times before and always found the gym to be reasonable, but the conversation always went along the lines of "I need to take a 6 - 8 week break while I heal" rather than "I need to cancel my membership".

  • Transfer Ownership

  • What does your contract with the gym say?

    • It doesn't say much about any injury but cancellation would incur penalty to pay for the remaining part of the tenure

  • +1

    18 month gym plan? Crikey, I don't even know what I'm doing tomorrow.

  • My gym has a free pause as long as a doctor says I can’t use the gym. Check your contract and see if a doctor can give you a note that says you can’t attend the gym until xx date.

    • I have a pause option as well with a small amount to keep paying.

      • Yes, for people who just choose to pause at mine, there is a small cost, but if you have advice from a doctor they waive the cost. I would inquire as to whether your gym has this option.

  • +1

    Did you talk to your doctor about whether there are some exercises that might be OK/beneficial for you to do at the gym whilst you recover? I've got a medial meniscus tear due to getting up/down quickly in my pump classes so I've been doing isometric core exercises in the spa to avoid exacerbating the injury. Once they operate to clean it up I hope to use the Spa to assist with whatever remedial exercises, and stretches, they will want me to do. They also have a plunge pool, so I'm set for the hot/cold alternating stuff if they want me to.

  • Did you read your "contract"????

    Ask them at the gym… usually in these circumstances they may halt payments…. ask them.

    Don't you think they would know

  • Anytime fitness does allow to cancel the membership with a valid medical reason as per my contract. Not sure about the other gyms though

  • Fitness first have a medical clause, but if you ask your doctor for a letter saying it is not safe for you to workout for 12 months pretty sure you should be ok. It'd be a liability issue for them to allow you there when you have an existing condition.
    Is it a big chain or a small gym? If a big train try following higher up in the chain past the manager.

  • Fulfill your contractual obligations.

  • Most gyms wont allow you to cancel your membership but you can pause the membership until you have recovered.

    1. Most gyms can do a transfer but that means you need to sell off the remaining membership to someone else (i.e. I see a lot of these on eBay).
    2. You can suspend your membership but it's usually for near two weeks only (but check your membership).
    3. Check your contract as some places will have allowance for medical reasons.

    Best of luck! I know the feeling of being trapped with memberships and I'm sure many others do too!

  • As others said, check your contract.

    I'm happy with anytime, if I'm injured I can put my subscription on hold for 30 days at a time. Haven't needed a doctor's certificate in the past.

  • Recently had a tail bone injury and have been advised to take a break from the gym.

    Was this advice from a medical professional? If so, you should be able to provide a medical certificate ,and depending on your injury, you should be able to suspend your membership for the length of time you need to recover. If your injury is permanent , you should be able to get out of the contract. You will still be charged an admin fee and a termination.

    Source: That's how I got out of my gym contract. I was in a car accident and as a result, needed to have surgery on my leg and was wheelchair-bound for months. There was no way I could use the 7 months left on my gym membership.

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