Can I get out of a Legally Binding Contract?

Question

I have been trying to cancel my gym membership but they refuse to accept the cancellation request and insist I continue to pay monthly fees.
I cancelled the direct debit.
The contract says failure to adhere to the agreement will result in them cancelling my membership
A failure to adhere is non payment of fees.
I haven't paid the fees so should they be cancelling me?
Also the last paragraph of the contract says
"This contract is subject to English Law and the parties agree that the English Courts have jurisdiction to deal with dispute"
I am in Scotland so can I use this as a get out clause?
Help!

english law and scottish law differ though.. so would this stand in a scottish court?

english law and scottish law differ though.. so would this stand in a scottish court?

I have moved away, that is the reason I want to cancel. I have tried to cancel 4 times but they refuse to accept the cancellation unless I can prove that my new address is more than 10miles away. It is not 10 miles away but it is far enough for me not to go anymore.

The only other get out clause is if I am physically unable to go but I dont think my doctor will lie for me (they want doctors proof)
in the contract and it has until Feb 08 to run til.
Why wont they close my membership on the grounds that I have stopped paying the fees.. It says this in the contract!!!

Answer 1

listen......
if you tried to cancel and they said NO then stop paying then they have no choice but to cancel if you have good reason why you want to cancel theres nothing they can do about it lets be honest do you seriously think they are goin to pay triple what ur dues are for filing in court? and the lawyer is what? 10 times more? its cheaper for them to cancel you but they are doing this knowing ur scared and might keep paying i worked in a gym for 8 years ive been through this many times we scare you but our hands are tied ur the winner!

Answer 2

Once you have made a legal contract you are bound by its terms and conditions unless the other party let's you off the hook. The contract is then said to be discharged by "accord and satisfaction".

Apart from matters such a duress, misrepresentation and undue influence a contract will stand. If this were not the case either party to a contract could simply breach the terms and condtions making contracts ineffective.

Although you have stated certain clauses of the contract you were had to ascertain the length of the contract with the gym to which you had membership. Eg: What was the duration - a monthly basis or a full year? I would assume if you are paying monthly the contract is from month to month? If this is the case then the contract should outline the specific procedure for discharge - in other words how much notice they require. In the absence of such information it will usually be done on "reasonable notice" - this would be dependent on a number of factors.

To use an illustration I recently obtained Broadband from AOL and the contract clearly stated it would be for a mininum of 12 months. Those are the terms and conditions and I am bound by them. Even failing to read the terms and conditions of a contract will be no defence - the law deems they have been read and you are still bound.

The jurisdiction clause making the contract subject to English Law is valid irrepective of there you reside otherwise contracts made internationally or which have an international aspect may be heard anywhere in the world. You are bound by it.

The best advice to offer anyone is before signing a contract ensure you have read the small print - something people rarely do. Only when matters of dispute arise do the parties sometimes learn what they signed to their detriment.

Answer 3

Can I get out of a legally binding contract?

Well, no, technically, unless you go to a court and successful obtain an equitable rescission of the contract ab initio because
-there was a unilateral or common law mistake
-misrepresentation
-fraud
-unconscionability
-undue influence
-illegality
-others

These are all legal terms.

But prima facie none of this applies here. Your cancellation will be treated by the gym as a breach of the contract you and they signed, which gives them to right to terminate the contract (cancel your membership) and claim damages against you for the breach in the County Courts - that is, claim any outstanding debt (their expectation damages) or what they have lost (their reliance damages). It could result in CCJ.

Some people just cancel the direct debit, but the gym may and often do persist in claiming against you for the debt as has happened before and is well documented if you search for "cancellation gym membership" or similar terms on search engines such as, for example, google. They work like credit card companies, writing threatening letters and then taking you to the County Court.

Some gyms suggest you find someone you can sell your gym membership to, other gyms have cancellation fees of £150 odd, other gyms ask you to give them three months notice, There is a deeply unsatisfactory lack of consistent standards.

You can ignore it, or resolve it a little, but the main thing is if the gym get a CCJ it can affect your credit scoring and ability to obtain future credit. Blame the Government.

Gym membership contracts are too tipped in favour of the gym proprietor and create an unequal bargaining relationship.

Answer 4

No service business likes to be picketed. In America, we have this wonderful thing called the First Amendment. On our soil you would have the right to state your case on the street in front of their entrance, with picket signs and handing out flyers that tell your story. But I don't know if you have that freedom in Britain.

If you did something like that, you would need to take care that you publish only what you know to be totally true. In the US you would be protected by the fact that truth is a complete defense against charges of libel. But British laws on defamation may not be so good.

If you were to picket them, pick a peak business hour when a lot of their customers are coming and going. Be very careful to stay on the street and not to step on their property.

If you have a local newspaper or radio or TV station, tell them your story and tell them when you will picket that gym. Give them copies of your printed material.

Chances are they will soon come to terms with you. The problem with most people is that they roll over and play dead so bullies get away with pushing them around. If you have rights (and only a lawyer will know) then remember that rights which are not used are worthless and imaginary.

Finally, the bad news. They may be in the right, under law. You may have to come to a settlement which is not so good as you would wish. But unless you are a doormat you should not accept anything less than the best deal you can get.

Even if they do indeed have the legal right to collect from you every penny on your contract, you certainly have the right to print up flyers warning their futurue potential customers about the way you were treated, and it would do no harm if you made it clear that you will be doing exactly that - but make sure you just state facts and do not threaten or harass.

Answer 5

No, any choice of law clause is usually valid. Did you know that by using a Microsoft product, you consent (as part of the terms of use) that any disputes will be subject to Washington state laws and courts, and no matter where in the world you are, the laws of Washington will apply? Big companies do this all the time. They force you to accept the law and jurisdiction of their home country.
It is a general principle of English common law that if you exit a contract prematurely, then in addition to remedies provided in the contract, the other party has a right to make you satisfy your contractual obligations to the extent that they were hurt by your termination. So they do have the right to make you pay. Sorry.

Answer 6

Ahh, the fine print. I suggest you read over the contract fully. Places that don't try to scam their customers usually include a way out for people who move or are no longer able to receive the service provided by the contractor. Unfortunately, if such a clause does not exist or if you lack a sufficient reason to cancel the contract (ie: You just don't feel like going to the gym anymore), you are probably unable to get you money back. You may be able to fight it in court, but this will probably only cost more. Alternatively, you may be able to find to make yourself a burden to their company and therefor they will want to cancel your contract, but this would take a lot of creative thinking.

Unfortunately, in the US such a contract is still legally binding.

Answer 7

read the rules of conduct posted by the gym and tell people to report you for violating them. Enough complaints against you the gym may terminate your membership for you. leaving you not liable for the balance of your six or seven months of remaining contract. read all contracts before signing. If there is something you don't agree with make a written note on the contract to have that changed if they accept the contract the way you want it the outcome would be more in your favor

Answer 8

I don't know, but this gym wouldn't make it in the States. I would be concerned about my credit, though (if it works over there like it works over here). Maybe not, though, since it was a debit, and not a credit account that you used. It seems like you may very well be fine. I know that, in the States, I could probably call a law firm and get some free advice on something like this. Good luck.

Answer 9

Only if the other party lets you out. Most of these types of contracts have a get out of jail free clause up to a certain time period such as; 30 days, ten days. How long is the contract(months/years) and how long has it been since you signed it.

Answer 10

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