News0 min ago
Gym Membership Contract
I took out a 3month contract with a local gym which began in March & is due to finish at the end of May. Last week i informed the gym that I wish to cancel my membership. They explained that I have to give 1month notice, beginning from the 1st day of the following calendar month. However one of the terms in my contract states under the heading 'Termination by You':
"You are required to give 1 month's notice of termination which will commence on the 1st day of the following month & expire on the last day of that month except this does not apply to clause ??? and except where you are within the minimum contract period where notice may be given to coincide with the end of that period"
Reading the last bit of that clause I understand it as that I am entitled to end my contract at the end of this month and not next as i'm still within my min. contract period and the clause does not specify the length of notice here (except at the beginning, but that's not relevant here as my situation is an exception to this).
Am I correct?
"You are required to give 1 month's notice of termination which will commence on the 1st day of the following month & expire on the last day of that month except this does not apply to clause ??? and except where you are within the minimum contract period where notice may be given to coincide with the end of that period"
Reading the last bit of that clause I understand it as that I am entitled to end my contract at the end of this month and not next as i'm still within my min. contract period and the clause does not specify the length of notice here (except at the beginning, but that's not relevant here as my situation is an exception to this).
Am I correct?
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This may be a tricky one. The gym may be saying that under the terms mentioned in the final sentence you still needed to give notice (presumably still a month's notice) that you wanted the contract to end at the end of the 3 month minimum period.
The final provision may mean that if your 3 month contract finishes on 5 June (say) you'd have had to give notice on 5 May, whereas under a continuous contract you'd have had to give notice on 1st June to finish on 30 June. However the gym doesn't seem to be arguing this now, saying you need to give a full calendar month notice.
On balance, I think someone at the gym is making a mistake here so keep pressing them.
The final provision may mean that if your 3 month contract finishes on 5 June (say) you'd have had to give notice on 5 May, whereas under a continuous contract you'd have had to give notice on 1st June to finish on 30 June. However the gym doesn't seem to be arguing this now, saying you need to give a full calendar month notice.
On balance, I think someone at the gym is making a mistake here so keep pressing them.
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