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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70419
Experience:  Over 5 years in practice
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Dear sir or Madam I joined LA Fitness at their gym in Brighton

Customer Question

Dear sir or Madam

I joined LA Fitness at their gym in Brighton two days ago and after visiting the premises it was dirty and obviously oversubscribed. I want to cancel my membership, but they state I cant because they don't have a cooling off period. Please could you advise on the way forward and the terms of the UK law.

Barry
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Did you agree cooling off rights?
Customer: replied 3 years ago.

There are no cooling off period in this contract that was not advised to me. I was not offered a show-a-round of the premises and as stated it was a horrible environment to gym

Expert:  Jo C. replied 3 years ago.
Thats a problem Im afraid.

Did you just not ask about a cooling off period at all?

I suppose you did the deal at the gym rather than by distance over the phone?
Customer: replied 3 years ago.

Jo


 


Yes it was at the gym


 


 


 


Barry


 

Expert:  Jo C. replied 3 years ago.
Thanks for the information and the time.

I am sorry but I cannot give you good news then. I’m afraid you are in difficulty here.

The distance selling regulations do not apply so there is no automatic cooling off period.

If you do a deal on their premises you are locked in immediately. Its not for them to bring it to your attention unfortunately.

Similarly, in relation to not being shown around, its not for them to bring things of that nature to your attention. Its for you to refuse to agree until they have done so.

Come what may, you seem to have agreed and if there is no cooling off period then this cannot be cancelled.

You need to check the contract carefully. If its with the gym then they only have a lost profits claim against you if you do cancel. If its with an insurance company then unfortunately they have paid membership fees in full and you are liable to repay them.

You could always offer a lesser sum in full and final settlement of the contract price. They will often agree to reduced sums.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo
Customer: replied 3 years ago.

Can I provide them with an payment of say £1 by way of consideration for bring the contract to an end.

Expert:  Jo C. replied 3 years ago.
No. They are entitled to the full amount due under the contract if this is an insurance company and their lost profits if this is a contract directly with the gym.
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Expert:  Jo C. replied 3 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/