by Suraj  22/06/2005  1409 Page Views
0 Comments  Commercial law, litigation, contracts, IP, property law

I just joined up to a new gym that opened right near my house (veryconvenient) which I thought would be good, and was on my first coupleof visits. But now that more and more people are joining up, it's justgetting worse and worse. The gym is too small and doesn't have enoughequipment, it's missing some things I require.

It was my mistake to join the gym in the first place, BUT I didn'tthink it would be this bad. Now I've got the papers here andeverything. And the memebership term is a minimum 12 months, if it iscancelled before 12 months there is a $150 cancellation fee. Now thisis where I noticed something that I think may let me cancel withouthaving to pay this ridiculous fee.

On the first form, it has a direct debit membership details section.Here it states payment frequency, minimum term, membership start dateand most importantly "End minimum term".

The start date is "15/06/05" and in minimum term is has "12 Months" BUTin the "End Minimum Term" entry the staff member that filled it in hasobviously made a mistake and written "15/06/05" in the 'End minimumterm' section. Which means my minimum term ended the day my membershipstarted, correct?

I know on infringmenents/fines (parking etc.) if any details are wrong,the date for example, it is void plain and simple, true? I'm hopingthat is the case for me here? The only thing I'm worried about is under"Minimum Term" it does have 12 months written.

Going by that, would it be possible for me to cancel the membershipthen without incurring the $150 fee? Since by the mistake of the dateentered in Minimum Term it means my term has finished?

If so that's great, but one other thing. There is another form - theactual direct debit request form (there direct debits are done by adifferent company, not themselves) and on that form in the ContractTerm section it has a box ticked with "Until Further Notice (Min 25Payments)" ticked. And underneath it has written:

"Special Conditions: A $150 fee is payable to "xxx xxx xxx xxx" shouldthis agreement be terminated prior to completion of minimum term agreedto above. Following completion of said minimum term, agreement statedas Until Further Notice will continue uninterrupted until sucj time asa written request to terminate has been received by "xxx xxx xxx xxx".

Since it's on a different form, does that mean I'm locked into the 25payments and have to pay the $150 fee to cancel earlier? Or does itmean the minimum term on the other form which was 15/06/05 whichtechnically has passed/finished?

Any help with this issue would be greatly appreciated I just want toknow what to do next, as I'm pretty sure if I just go in there showingthem this and explaining it, they'll tell me a load of crap about it's'just a mistake' and 'doesn't mean anything'.

I'm lucky I realised the error with the date (if it helps me at all that is) before doing anything.