Trying to Leave the Gym of Shame

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I actually need some legal advice.

I enrolled at my gym this time last year. The "contract" (though I never got a copy of it - it was all done electronically) was for 18 months, which I thought would be enough time to get me in shape. I loved the variety of classes it offered and enthusiastically signed up for a few. I loved the pool and immediately ran to find a fitting swimsuit. I absolutely adored the variety of machines and training areas. I was thrilled and giddy like a little girl.

The problem is, after the first 6 weeks, I never wanted to set foot in there again.

I have never felt more alienated or humiliated in my life. Ever. I am used to getting the random looks at the gym. And that's fine, because I always said F-U to everyone and stayed focused. But this time it was too much. People came up to me and laughed at my panting, pointed out my sweating, mocked me by saying "is that all you can do" every time got up from a machine. Girls were mockingly panting heavily when we finished a set in class, and I was told several times to go to the back of the class since no one would be able to see themselves in the wall mirror if I was in front.

The worst part was the dressing room. How many times I heard casual chatting about how these other women would "die if they ever looked like the Michelin girl". One woman actually approached me to ask me why I was going to that gym which was for "fit people, those who are already looking good, you know?" It was not a haven to work out, it was a hostile environment where I was fat-shamed. Even remembering it makes me feel so absolutely devastated and close to tears.

At first I politely protested to the front desk and then the gym owner himself. It was a big gym, with many franchises, hence I had picked it in the first place - the reception was so poor I actually cried sometimes when I got home. I explained how horrified and astonished I was to receive such comments from the gym members. They told me they are "just as shocked" and will look into it. Nothing happened. I eventually stopped going.

I have recently moved from that neighbourhood and resumed my weight loss struggle. I have found a local gym very close to my new place - and it is perfect. It does not compare in any way to the old one in terms of facilities or equipment, but I have been going there for 2 weeks now, and not a single day goes by when someone does not come up to me to say something nice or encouraging, or offer me a smile. I do no longer feel like a whale in a school of eels. Or at least, the eels seem to welcome me to their company.

I have conveyed all that to my previous gym, the emotional distress and the moving out of the area, and asked to cancel my subscription. They refused to allow me, because I am still within a 10 mile radius from one of their gym facilities, and it is a term in my contract that I cannot cancel unless 1) I move further than 10m from their gyms, 2) I move out of the country, 3) I am financially unable to pay, or 4) I am physically incapable of attending. I insisted and let them know I was told I could cancel when I first joined, and they sent me a copy of my contract (the first time I got it in my hands) where they pointed out these terms. I had never been informed about them

I really don't want to keep paying their ridiculous fees for facilities I haven't used in 10 months, and am now nowhere near to. Especially after the pain they've cause me, and the comparatively vast difference with my new little-gym-that-could. I called them on the phone and pretended to be a new customer, asking about the gym, and their agent told me that yes of course you are able to cancel your contract if you so choose. I asked if I could do that at any time. No mention of any special conditions.

I still have 6 months left. Is there any way I can get out of this?
P.S. I am in the UK.
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Replies

  • ElliottTN
    ElliottTN Posts: 1,614 Member
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    I'm not saying that the stuff at the old gym didn't happen, I'm just saying I am really struggling to believe your story.

    If it did happen then there is no reason you cannot electronically contact management and tell them you were harassed and uncomfortable at their gym so you cannot go back. If you need to get a lawyer involved than you will but you would rather just part ways at this point as that would be less time and financially consuming for all parties involved. No business wants to chance legal overhead over a few months membership fees.

    Still don't believe you though because of the whole humanity thing but maybe it is different over in the UK, dunno, never had that experience.
  • VeryKatie
    VeryKatie Posts: 5,953 Member
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    Oh sheesh :( That gym sounds horrible. I really don't know what you can do... but I know some lawyers offices will offer free 15 - 30 min consultations. Maybe you could look into that? Did you record the dates that you reported to management and who you talked to about the problem? If so, bring that with you along with your contract. Also mention to them about them saying (after you made the contract) that the contract could be cancelled at any time. Maybe a verbal amendment was legally made... though would probably be near impossible to prove.

    Also... there is such a thing in Canada at least (kind of stemming from the same background) that if a contract term is too one-sided it's actually a void term (as is lacks proper legal consideration for the other party). You'd have to see what a lawyer says though. Don't quote me on that. Also, most charters of rights and freedoms could be extended to include harassment due to weight.

    If you have a consumer protection branch you could call, I would probably start there. They might be able to tell you what to do and even give suggestions for a lawyer if one is needed. Here at least, they typically take in all of your evidence and will alert the company a complaint was made. Sometimes, that's all that's needed.
  • betsyr13
    betsyr13 Posts: 45 Member
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    Cancel whatever card or account this gym gets its money from and set up a new one. Don't give the bad gym the new account number. Sometimes it's the only way to get out of a contract like that.
  • VeryKatie
    VeryKatie Posts: 5,953 Member
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    Cancel whatever card or account this gym gets its money from and set up a new one. Don't give the bad gym the new account number. Sometimes it's the only way to get out of a contract like that.

    ... this could actually be more trouble than it's worth. They can sue you for breach of contract.

    Mention it as an option to a lawyer in a free consult I suppose. Doing this would risk you having to go through court. But hey, there is a chance they won't bother following through. Depends how much money is on the line and what the company "personality" is like.
  • Ebonessa
    Ebonessa Posts: 21 Member
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    I have told this to the management when they happened, and they said the same thing :( "Are you sure they were talking about you?" or "You may have misheard" and of course "Our members are all very respectful"... well, not so much, not to me. And you would be surprised at how mean people can be to those that don't fit in with them. Haters gonna hate.

    That being said, I do have a couple of "witnesses" if it ever comes to that - an old co-worked who used to go to the same gym (though I have lost contact with them now) and a personal trained of theirs I had 2 free sessions with who just told me to "ignore what's going on around you and focus". I don't know if he still works there, or if he would ever support my side of the story, but I do have his number.

    I really never ever thought I would be in this position. I don't want to get lawyers involved, because I can't afford to pay the fees of the gym, I definitely cannot afford to pay a lawyer. I called the Citizens Advice Bureau here and they told me something about putting the burden of proof on them..? There must be a sort of case I can make, since I was told twice (once when I signed up and once when they didn't know it was me over the phone) that cancellations are a-ok...
  • VeryKatie
    VeryKatie Posts: 5,953 Member
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    Unfortunately, it's your responsibility to read a contract in full before signing it and your action of signing it nullifies anything they may have said previously - i.e. about being able to cancel. Another complication is that the actions are from other members and not directly from the staff.

    I'd definitely start with a government Consumer Protect Board. I think they work for free.
  • cardinalsfootball
    cardinalsfootball Posts: 167 Member
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    Just pay the remaining 8 months of your contract. Next time, take advantage of every free trial offer and/or talk to other people that most closely represent your situation, and that goes for anything you're thinking of signing up for.
  • Ebonessa
    Ebonessa Posts: 21 Member
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    Unfortunately, it's your responsibility to read a contract in full before signing it and your action of signing it nullifies anything they may have said previously - i.e. about being able to cancel.

    That's another thing. I was not given/shown/sent a contract when I signed up. The one they sent me over email a few weeks ago when I started this procedure is completely new to me. I have never ever seen it before in my life. The whole procedure of enrolling me in the gym lasted 7 minutes, and was done over a computer. I never got a printed version of my contract, or an email about it, or a text, nothing :S The only thing I got was the receipt of the transaction when I paid the enrolment fee and the first month.
  • betsyr13
    betsyr13 Posts: 45 Member
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    Cancel whatever card or account this gym gets its money from and set up a new one. Don't give the bad gym the new account number. Sometimes it's the only way to get out of a contract like that.

    ... this could actually be more trouble than it's worth. They can sue you for breach of contract.

    Mention it as an option to a lawyer in a free consult I suppose. Doing this would risk you having to go through court. But hey, there is a chance they won't bother following through. Depends how much money is on the line and what the company "personality" is like.

    You're not wrong about the possibility of a lawsuit, but I really doubt a corporate gym would bother to go to court over one member's canceled credit card. It is a risk, but if there is no other way, I would totally do it.
  • LianaG1115
    LianaG1115 Posts: 453 Member
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    I'm not gonna give you a response that you want to hear but I read this and see so many excuses as to WHY you're justified in NOT going to the gym and none as to why you SHOULD!! I see you were happy, motivated, etc and then it all "crashed" with alleged assumptions that they were referring to you. Regardless of whatever transpired, you gotta suck that **** right up and let it go. You're fat, I'm fat and yeah that's the REASON we are there....if we get laughed at SO WHAT!! It's up to you to change that!! I joined a gym that most "fit"people belong to and that's what drives me every time I go!! And eventually those who looked and jeered now look at me and compliment me on how I have lost so much... So yeah in the beginning you get that it's up to you to survive the taunting and suck it up. Sorry this isn't what you want to hear but the world isn't always nice, it's up to you to fight the fight and get yourself in check...
  • Maaike84
    Maaike84 Posts: 211 Member
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    do you have the contract in written form? did you sign it, even with those terms written down in it? do you have proof of the spoken assurance that you could get your membership cancelled at any time? Why did you leave the cancellation for 10 months if you were being harassed and felt it wasn't worth your money?

    Not asking these things to be nasty, but I am a lawyer - albeit in a wholly different field, and another country - and these are factual questions that you're going to need a strong answer to. Sorry to say it but the fact that you left it for quite some period is going to make it very difficult - even if you do have witnesses - to substantiate a claim for harassment. So you're going to need to go over the contract, and see if there are " outs" there. Someone mentioned getting the contract nullified because of lack of legal consideration at one end of the party - this is something that you would have to get checked out, but in general is very hard to prove, esp. in common law jurisdictions.

    ETA; you mentioned not getting the contract. That is strange. Were the general terms up on their website? Again, collect as much info now and document everything.
  • rkcampbell
    rkcampbell Posts: 188 Member
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    I had the problem once where I was no longer able to afford the gym membership. I also was given the spiel about how you have to move away, etc. I flat out lied to them and told them I moved. As proof, I changed my checking account address to my parents' house (60 miles away) until I received a statement. I used this as "proof" to cancel my membership. Was it dishonest? Absolutely. But I had to think of my family's financial situation first.
  • dakotababy
    dakotababy Posts: 2,406 Member
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    Could you not lie and say you moved far away? Use a friends or family members address.
  • Ebonessa
    Ebonessa Posts: 21 Member
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    @LianaG1115
    I wish I were as strong as you are. Unfortunately I had too many things on my plate at the time to put up with that level of discomfort. I still get the occasional look at my new gym, and yes I am quite the fatty there too, but there's a difference between feeling uncomfortable and thus motivated, and having to put up with people who actively go out of their way to make me feel bad. Especially the panting mocking, it was torture. I mean, come on, everyone breaths heavily after a work out. Any way, it is over now, and I am happy in my new gym.

    @Maaike84
    Thanks for the prep, I really appreciate it. Let's see.
    1) I now do have the contract in written form. I didn't before.
    2) I signed the "deal" electronically. As in, if I remember correctly, I was presented with a breakdown of the "package deal" (what is included for free, for what I'd have to pay extra etc) and the payment plan of the 18 months of the contract, and asked if I agree. I answered yes, wrote my name, electronically signed, and that was it. What I was sent over the e-mail is a LOT longer, and I have never come across it before.
    3) I don't have proof of the first time, but I am sure if I call again, they will tell me the same thing, and I can record it..?
    4) Because I honestly thought I would be able to get over it, wear earplugs or grow a thicker skin, and still go. The last week I stopped all group classes and went at 7am before work, when I thought there would be less people, but I of course was not the only one who had that idea :(

    Thanks for the help, all of you. I think the best course of action is take the contract somewhere where they will be able to give me some free or cheap legal advise, to see if there are any outs. It isn't a small amount, I have already paid £812, and have close to £400 more...
  • Ebonessa
    Ebonessa Posts: 21 Member
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    I had the problem once where I was no longer able to afford the gym membership. I also was given the spiel about how you have to move away, etc. I flat out lied to them and told them I moved. As proof, I changed my checking account address to my parents' house (60 miles away) until I received a statement. I used this as "proof" to cancel my membership. Was it dishonest? Absolutely. But I had to think of my family's financial situation first.

    I have thought of that, but damn them if they don't have way too many gyms in all the big areas where I have friends with non-local addresses. That 10 mile radius thing is the worst part of the contract. Where I am located now, I am 8.86 miles away from one of their gyms. I really DO NOT WANT to take a bus or the tube to go to the gym...
  • caracrawford1
    caracrawford1 Posts: 657 Member
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    You did say there were many franchises. Since this particular location didn't seem welcoming to you, are you able to simply transfer to a different location?
  • Kaitou
    Kaitou Posts: 50 Member
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    I'm not gonna give you a response that you want to hear but I read this and see so many excuses as to WHY you're justified in NOT going to the gym and none as to why you SHOULD!! I see you were happy, motivated, etc and then it all "crashed" with alleged assumptions that they were referring to you. Regardless of whatever transpired, you gotta suck that **** right up and let it go. You're fat, I'm fat and yeah that's the REASON we are there....if we get laughed at SO WHAT!! It's up to you to change that!! I joined a gym that most "fit"people belong to and that's what drives me every time I go!! And eventually those who looked and jeered now look at me and compliment me on how I have lost so much... So yeah in the beginning you get that it's up to you to survive the taunting and suck it up. Sorry this isn't what you want to hear but the world isn't always nice, it's up to you to fight the fight and get yourself in check...

    What the hell is wrong with you? Why should a person put up with being bullied, insulted, and mocked while they go to the gym? it's hard enough for overweight people to exercise in public without people blatantly bullying them. "Put up with it"...why? Why should a person accept being treated like ****? It's not unreasonable to expect people to act with some common decency and respect others.

    Happy? They went home in tears! Why would anyone want to go back to a place where they were bullied that badly?
  • jhall1255
    jhall1255 Posts: 99 Member
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    If you have someone (parent or friend ) that has an address that is out of the 10mi range change your address to your...phone bill and one other item you can change back easily and get a bill sent to that address with your name on it and take it in and show them that you moved further than 10 mi away. I had to do this with a gym before and it was very very annoying. But doing this worked.
  • michellemybelll
    michellemybelll Posts: 2,228 Member
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    Cancel whatever card or account this gym gets its money from and set up a new one. Don't give the bad gym the new account number. Sometimes it's the only way to get out of a contract like that.

    ... this could actually be more trouble than it's worth. They can sue you for breach of contract.

    Mention it as an option to a lawyer in a free consult I suppose. Doing this would risk you having to go through court. But hey, there is a chance they won't bother following through. Depends how much money is on the line and what the company "personality" is like.

    You're not wrong about the possibility of a lawsuit, but I really doubt a corporate gym would bother to go to court over one member's canceled credit card. It is a risk, but if there is no other way, I would totally do it.
    i agree. i'd do the cancel the card thing. seems like it would be the easiest and quickest solution to your problem. if corporate actually pursues you for "breach of contract", then break out all your proof of the lack of a contract they provided you with initially, as well as the information the staff gave you that you would be able to cancel at any time.
  • hbrittingham
    hbrittingham Posts: 2,518 Member
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    I'm not gonna give you a response that you want to hear but I read this and see so many excuses as to WHY you're justified in NOT going to the gym and none as to why you SHOULD!! I see you were happy, motivated, etc and then it all "crashed" with alleged assumptions that they were referring to you. Regardless of whatever transpired, you gotta suck that **** right up and let it go. You're fat, I'm fat and yeah that's the REASON we are there....if we get laughed at SO WHAT!! It's up to you to change that!! I joined a gym that most "fit"people belong to and that's what drives me every time I go!! And eventually those who looked and jeered now look at me and compliment me on how I have lost so much... So yeah in the beginning you get that it's up to you to survive the taunting and suck it up. Sorry this isn't what you want to hear but the world isn't always nice, it's up to you to fight the fight and get yourself in check...

    You do realize that not everyone can just suck that **** right up and let it go, right? Some people are shy and sensitive and things like what the OP is going through can destroy what little self esteem might have been there already. It's all fine and dandy that you are this tough ***** that can handle anything that's thrown at you. That's also what allows you to berate the OP and tell her that her "alleged assumptions" as to whether they were referring to her. They said it to her face. There's no alleged assumption when people are treating her like that RIGHT to her face. There is such a thing as empathy. I think you need to look into practicing it.

    OP, I am sorry. I think I would probably just pay the next 6 months and write that money off as one of those poor investments I have made in the past. Just because I wouldn't want to deal with the hassle and I've learned if I continue to fight it, I would continue to think about how badly I was treated and not let it go. Better to let it go and realize that people who treat you that way aren't worth your time. I am sorry you had to deal with all that!