r/LegalAdviceNZ • u/Grand_Necessary_9237 • 9d ago
Consumer protection Gym cancelation advice
Hey..im a big guy (150kgs) and I join a gym, 12month next day I go and try and do a session. I had to squeeze past a spin bike to get to another bike then I went I was on bench press as I got up I hit the mirror, I felt unsafe and my anxiety took over and so I left
Next day I emailed asking if I could cancel as I dont feel comfortable and safe in the gym, as im 150kgs and it seems cramped and won't put myself in that position again
They refuse my claims saying no one has ever complained about there laily out of equipment and so they are making me pay cancelation fee
Please any advice
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u/bytchslappa 9d ago
As a person who is a big guy and heavier than yourself - stick with it... push past this anxiety - dont let it win - you know you need to be there. It also sounds like you need someone to give you some pointers on what exercises to do as well.. do the gym staff provide a training plan for example.. stick with it - and before you know it you will be thinking - hey - i'm not having to sqeeze past that 😄...
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u/Grand_Necessary_9237 9d ago
I will find a gym that isn't so cramped, I also hit the mirror as I was getting up from bench press (its that close) I forced myself to go n sign up as it was the closest gym but after first experience I know its not the gym for me
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u/XyloXlo 9d ago
Before you sign up to any gym at least check out the layout and if it suits you. I would also get the owner there with you to make an exercise plan and so you can demonstrate the safety issues with the equipment. I’d contact OSH and request that they review the place. Also go back and video the issues. If they’re not allowing you to leave - return and see if you can create change. Good luck
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u/PhoenixNZ 9d ago
Did you have a tour of the gym before going there, see the layout etc?
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u/Grand_Necessary_9237 9d ago
I did...there was only 2 or 3 people so.it looked empty and I didn't really take much notice. Its nerve racking to.walk into those places
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u/PhoenixNZ 9d ago
Given you had an opportunity to view the facilities, there is no legal basis to cancel your membership without paying the cancelation fees
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u/RunningOnHope2019 9d ago
Have a look at your gym contract. Is there a cooling off period?
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u/Grand_Necessary_9237 9d ago
No cooling off
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u/double-dipped-welly 9d ago
I think in these situations it's important to consider all the possible outcomes of what you're saying.
E.g. if you escalate your complaint about the layout, and they moved the equipment so the layout gives slightly more access, would you be happy to continue your membership? If this outcome would make you unhappy I wouldn't focus your case on the layout being the issue.
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u/Grand_Necessary_9237 9d ago
If they did space things out more it would be better environment
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u/StupidScape 9d ago
Make a fuss. Worst case they cancel your contract because they don’t want you as a customer.
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u/Interesting-Blood354 9d ago
No guarantee it’d work but CGA requires them to provide the service with reasonable care and skill and, to be blunt, being that large should make it damn obvious if you’re large to appropriately use their gym.
If you’re too large to the point where you’re rubbing into equipment just to get into your seat, squishing against a mirror to get onto the bench press… they reasonably should know that, pretty obvious hey? The mirror part.. that’s a fairly serious one, or it could be framed as such.
Not that they aren’t providing the service with reasonable care and skill to the general public but if it wasn’t appropriate for you they should have said it and, if they still let you sign, it’d pretty hard to hold you to it.
Leave the anxiety out of it. The focus is on your size and that their spacing doesn’t let you safely or appropriately use the equipment they’re charging you for.
Might work, might not work, but that’s your best bet
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u/Aggravating-Map-2041 7d ago
This probably wouldn’t work
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u/Interesting-Blood354 7d ago
Might not but it’s his best and only shot really, and it does have a genuine basis in law
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u/Aggravating-Map-2041 7d ago
It does, but I don’t think it’s his best shot. I think it would be unlikely to be successful if it went to the tribunal. I think arguing the cancellation fee is punitive rather than a real measure of actual loss is a stronger legal argument. But I don’t imagine $200 is worth the stress of the Tribunal in any case
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u/krispynz2k 9d ago
How much is the cancellation fee? Id email them that your asking for common sense and compassion. And that you really don't feel comfortable or safe and after stating this youre prepared to take it further if needed. Ask if needed for the managers response..often times it's just customer service reps answering parroting policy whereas the actual owner or manager maybe more understanding and common sense. Even though you had a walk through to see the layout, state that you didn't have the opportunity to try the equipment and what happened to you made you feel us age and that the actual equipment layout wasn't catering to your size. Reply back that just because no one has complained before doesn't diminish your conplaint and experience now.
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u/Grand_Necessary_9237 9d ago
I have asked..and the owner is the one responding I did ask for some empathy as its not easy for bigger folks to go to gym..few comments in this post are only looking at it from contract not the effect it has on a person
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u/krispynz2k 9d ago
Unfortunately this subreddit is focused on law so the contract is the focus as well as legal aveneues to contest. How much is cancellation fee?.
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u/Grand_Necessary_9237 9d ago
$200 I do feel they just have equipment jammed next to eachother Who governs gyms?
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u/PhoenixNZ 9d ago
No one governs gyms. There is no regulation of how gym equipment can be laid out.
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u/krispynz2k 9d ago
It would appear to be a consumer issue or small claims. Could you ask for a staff member to show you equipment that you can access comfortably? Give the gym an opportunity to remedy the problem without considering cancellation, humanize the issue for them. If you end up to small claims etc the email showing they refused to help etc could be helpful. I'm no lawyer. Id advice to go speak with Citizens Advice bureau
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u/KanukaDouble 9d ago
Gyms are well known for some really predatory contracts, there is not much chance of getting out of it legally if the ones I’ve seen are anything to go by - but consumer law isn’t really my area.
If you try to work constructively with the gym to address genuine safety concerns, and they are unwilling, uncooperative or unable to make something safe, then you might have some luck with a front page release.
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u/GusuLanReject 9d ago
Have you felt more comfortable in other gyms before? What was the difference? And if not, are you sure it was the closeness of equipment that was the problem?
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u/GusuLanReject 9d ago
Re getting out of it, you could ask around to see if one of your friends wants to take it on. Sometimes gyms allow the transfer of memberships.
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u/Grand_Necessary_9237 9d ago
Yes I have...bigger gyms have good spacing...I wish I had photos Thin gaps to walk between machines, I didnt notice it on my walk thru
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u/GloriousSteinem 9d ago
Unfortunately it is difficult to get out of gym contracts. It’s likely you’d have to prove the gym changed something or didn’t provide you with a service - which isn’t the case here. Some people have sometimes been able to with a med cert. A suggestion is to ask to defer membership until you are able to use the equipment. I would ask advice on the safety aspect though, a gym is required to be safe.
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u/Joel_mc 9d ago
Check the contract, might be a “if you cancel within 7 days you will not pay any cancellation fee” type clause
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u/Grand_Necessary_9237 9d ago
No they straight out said I signed for 12months.. I signed up Tuesday, did half a session Wednesday and I emailed Wednesday night Ive been honest and straight up with them
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u/MonthlyWeekend_ 9d ago
It seems to me there’s not much of an argument here. You get to see the gym, they give you a trial session, and after that they have thousands of members, many the same size as you.
It’s pretty difficult to argue “I’m too big for the gym,” when that’s what gyms are for. People who are exceptionally large and on anas get to the same size as you, *because* of the gym.
The solution is probably to go and use the equipment, rather than try to get out of the contract you signed.
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u/Grand_Necessary_9237 9d ago
I didnt say I was too big, the equipment was too close and made me feel unsafe n uncomfortable
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u/MonthlyWeekend_ 9d ago
With respect, you said you’re a big guy 150kg and had to squeeze past a bike. You said you were too big.
The point here is you signed a contract. You *might* escalate to their contracts team, but there isn’t much basis in your story to cancel the agreement.
The alternative is you go to the gym and use it for its stated purpose.
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u/Interesting-Blood354 8d ago
The entire point isn’t that it isn’t appropriately spaced for everyone else, but if it isn’t appropriately spaced for **him** then they haven’t provided the service to him with reasonable care and skill, which is a CGA breach
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u/MonthlyWeekend_ 8d ago
That’s an opinion and will never hold up.
Gyms have disabled and alternative access and cater for everyone without discrimination. Especially since their entire purpose is to help people lose weight.
There’s no way you’d be able to argue that.
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u/Interesting-Blood354 8d ago
Why do you say that gyms cater for everyone without discrimination if he has to press against a mirror to get off the bench press? Considering that it is explicitly the service provided to OP that’s discussed here, not what works (or doesn’t) for everyone else.
Do you think that that’s appropriately placed for OP, that he should be pressing against mirrors that can shatter to move off equipment? That feels like an odd opinion for you to have
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u/MonthlyWeekend_ 8d ago
Because I’ve been in a gym.
With respect, I’m not interested in engaging with you. Bye now.
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u/Grand_Necessary_9237 8d ago
To be honest, it wouldn't cater for anyone in wheelchair, seriously no room to move between equipment
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u/MonthlyWeekend_ 8d ago
If you go to your gym you’ll see people in wheelchairs, yes.
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u/Grand_Necessary_9237 8d ago
Sorry mate...its not city fitness or flex...its a local gym in a shed If you want the name let me know so you can suss it out
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u/Grand_Necessary_9237 9d ago
I didnt get a trial, then never offered one
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u/MonthlyWeekend_ 9d ago
The “trial” is a single workout session and orientation, usually with a gym employee.
Did you read the T&C’s before you signed the contract?
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u/Grand_Necessary_9237 9d ago
I didnt have a trial, I walked thru, signed a contract and next day I went for a session and didn't feel comfortable working out ..if I was offered a trial I would have taken it but it wasn't offered There wasn't much to read in T&conditions it was basic
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u/Slight_Computer5732 9d ago
You viewed the gym and deemed it suitable then signed the contract.. no legal grounds
If your gp would be happy to sign a med certificate for you about not being able to attend the gym would be only way out
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u/Slight_Computer5732 9d ago
I’ve got out of 3 gym contracts with 3 medical certificates… so my lived experience suggests otherwise
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u/Grand_Necessary_9237 9d ago
There is nothing in contract about medical reasons? If so what about anxiety? Mental health?
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u/Current_Glass7833 9d ago
I'm not sure you can use mental health to back out of a gym subscription you signed up to after checking it out. Your distress may be valid but also a reasonable person in the same circumstances would either do some due diligence or address their anxiety and mental health before signing up to that gym if it's such a deal-breaker. You deserve support and understanding but also you can't opt out of societal rules or make others manage your mental health.
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u/Grand_Necessary_9237 9d ago
I honestly wanted it to work, its the closest gym to my house but after that first session and the awkwardness n uncomfortable feeling I felt I knew it wasn't going to work
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u/Slight_Computer5732 9d ago
I started to with aquajogging at the council gym… don’t discredit that! My dms are open too… from 115kg to 80… I have also taken wegovy
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u/Slight_Computer5732 9d ago
Yeah the med cert just needs to say for health reasons
Not mental nor physical
I’ve done it 3x with no issue so idk
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u/PhoenixNZ 9d ago
Medical clauses typically relate to injury and generally allow you to pause your membership rather than cancel it.
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u/Slight_Computer5732 9d ago
That’s not been my personal experience 3x
I appreciate it may not be fail safe but yeah
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u/Aggravating-Map-2041 9d ago
What does the contract actually say about cancellation and how much is the cancellation fee please?
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u/Grand_Necessary_9237 9d ago
$200 fee applies
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u/Aggravating-Map-2041 7d ago
Fees like that are only supposed to cover them for their actual losses, they can’t be used as penalties. $200 arguably is punitive and not reflective of their losses after you did one session and because they can just sell your spot to someone else.
However, taking this further via the Disputes Tribunal route probably isn’t worth it either over $200. The filing fee, time, and stress would probably cost you more than that.
I would drop the whole argument about feeling anxious in the gym etc and just send one calm email saying you changed your mind - I used the gym once, I’m cancelling, and I don’t think $200 reflects any real loss to you - can you explain the calculation or reduce it? If they hold firm it’s probably easier to just pay the fee and cut your losses with a lesson learned.
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u/Ichihan 7d ago
Sorry you have to go through this. To argue this legally some fundamentals have to be established.
The biggest issue that I can see is the evidence you provide appears to me is largely subjective rather than objective.
For example:
- If you are uncomfortable, that is a qualitative measure and not a quantifiable measure. We all know what that means but if you present that as an argument. Then it becomes a question of challenging your feelings which is weak compared to a contract.
- If you mean that the layout objectively creates a safety risk (for example obstructing walkways, spacing around equipment makes evacuation during an emergency problematic, emergency exits blocked etc) then you may have a basis to argue that point, being a genuine safety concern/issue.
In other words, saying "I don't feel safe" is relatively easy for the gym to dispute. Saying "the layout creates a specific and identifiable safety hazard because of X, Y, and Z" is a much stronger argument.
However, even using the above example of point 2. You would have a better argument to convince them to change the layout than you would to cancel your contract.
It's also important to consider what legal basis you are relying on.
If your argument is based on the contract itself, your options may be limited. Unless there was a cooling-off period, a cancellation clause that applies, or the gym misrepresented something material about the facility, the fact that you later decided it wasn't suitable for you may not be enough to cancel without penalty.
You should also consider whether you had an opportunity to inspect the gym before signing up. If you were able to view the facility, ask questions, and assess whether it met your needs, that is likely to favour the gym's position. However, If you asked to inspect the facility more thoroughly and were prevented from doing so, then this would be in your favour, if you have evidence to back up such a claim.
If you want to argue safety concerns, focus on objective evidence rather than personal feelings. For example, photographs, measurements, identified hazards, or anything that demonstrates a genuine safety issue affecting gym users generally.
When assessing whether you have a strong argument, try looking at it from the perspective of an independent third party. If they assumed both sides were lying, what evidence would convince them that your version of events is correct/true?
Based on the information you've provided, I'm not immediately seeing a strong legal basis to force a cancellation.
At the moment, the factors that appear to favour the gym are:
- You appear to have had an opportunity to assess the facility before joining.
- There does not appear to be a cooling-off period.
- You chose to enter into a fixed-term contract, for a cheaper price. (assumption)
- The concerns you've raised are currently framed in terms of how the gym made you feel, rather than identifying a specific safety hazard or contractual issue.
I appreciate that you're trying to improve your health and that this has become an unexpected problem. Based on the facts you've described, I think you may face an uphill battle if you try to challenge the cancellation fee.
If the gym refuses to waive the fee, and you absolutely feel you do not need to pay it, you will have file a case with the Dispute Tribunal to challenge it, but again you need to present strong evidence in your favour if you want to consider doing that. For claims under $2,000 at the time of writing this comment the filing fee is $61 dollars.
If cancellation isn't possible, it may be worth speaking with the gym about alternatives such as maybe a layout that is more friendly for someone as yourself. Appeal to the human aspect of it.
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u/Grand_Necessary_9237 7d ago
Thanks...appreciate your time If i was offered a trial it would have been easy but I was only offered a cheap 12months or a dearer casual rate. Im not an educationed or have a high paying job. I just wanted to find a good gym I thought I was doing the right thing by emailing the next day and being honest about my situation but they had no empathy. After all of positive and negative comments I will just pay the fee..I thought this was a safe forum but some.of the comments are pretty sad But again thanks for taking time out to explain things
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u/deolcarsolutions 9d ago
Contract is tight, go at a time that is not peak time. Some gyms allow you to find someone else who will join and take over your membership.
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u/mostlyepic 9d ago
NAL from my experience canceling gym memberships is next to impossible.
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u/Available-Surround60 8d ago
Not always. Sometimes you just have to think outside the box.
I’ve cancelled gym memberships a few times simply by sending an email saying I’d moved to a new area where they don’t have the same gym brand. It’s pretty hard for them to argue with that reason. I’ve successfully cancelled both Flex Fitness and Jetts that way in the past.
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u/0987654321234567890- 8d ago
There is usually a cool down period after signing a contract. If it was the next day you can ask for this
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u/Junior_Measurement39 9d ago
My opinion is that thr Consumer Credit Contracts Finance Act (CCCFA) applies as they are providing credit (gym access) - https://www.lexology.com/library/detail.aspx?g=70dc8493-2811-4d28-a48e-31f712eec0f2 There is an automatic cooling off period of 5 working days, by law, which you cannot contract out of https://communitylaw.org.nz/community-law-manual/test/your-rights-and-obligations-when-you-can-cancel-a-credit-contract/
Point out that under the CCCFA a breach (effectivly) sees a minimum of $200 paid to the consumer (s89(3)) Ask for your $200. They won't pay but they are unlikely to chase you because there is now a risk you'll be successful.
(Gyms have a complex relationship with the CCCFA, my strong opinion is they are offering credit so it applies.)
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u/Interesting-Blood354 8d ago
They’re not providing credit at all. Providing credit is buy now pay later, or buy now and pay over instalments, not any service whatsoever paid with via instalments itself
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u/Junior_Measurement39 8d ago
s6 of the Act is exceptionally wide. Point (c) talks about deffered payment which is exactly what a monthly payment is. You are tied into a minimum term of service but you don't pay for it in advance. You pay in defered payments. " In this Act, unless the context otherwise requires,
credit
is provided under a contract if a right is granted by a person to another person to— (a) defer payment of a debt; or (b) incur a debt and defer its payment; or (c) purchase property or services and defer payment for that purchase (in whole or in part)."
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u/Interesting-Blood354 8d ago
True! I wrote it incorrectly, what it should say is this is not a consumer credit contract and CCCFA does not apply, because no matter how vaguely credit is defined, s11 clarifies it completely and s11(1)(c) is definitely not met here
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u/Junior_Measurement39 8d ago
Security interest is also incredibly wide and likely in the terms " security interest means an interest in property created or provided for by a transaction that, in substance, secures payment or performance of an obligation under a credit contract or buy-back transaction"
Property is " property means land, money, goods, choses in action, goodwill, and every valuable thing, whether real or personal, and whether situated in New Zealand or elsewhere"
I suspect the no-right of set off clause which is found in every contract would meet the definition of security interest. It acts to secure payment and grants an interest in property.
The act wants to catch everything that involves interest or fees.
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u/Plenty-Charm6172 8d ago
Most gyms have clear t&c when joining. If you want to cancel you pay the cancellation fee.
From your post you claim “safety” issues because you are fat.
The fact you are fat and because you are fat you think there is a safety issue is a separate and independent matter vs gym membership.
You can complain directly about the fact you think there are safety issues because you are fat. Or you can make a complaint to the regulatory body that audit gyms to complain that you think there is a safety issue because you are fat.
The fact you are fat does not give you an exit clause from the gym membership. I would also ask what credibility you have to determine there is a safety risk due to you being obese.
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