GYM MEMBER CLAIMS HE WAS 'MISLED'

Fitness First agrees to terminate one-year contract for a fee

AZREEN HANI

NADIRAH HANI RODZI

Tuesday, February 9th, 2010 08:53:00

LAKSHMI of Jalan Kuchai Lama alleges that the Fitness First Malaysia gym gave him "misleading" information when he signed up with its branch at Puchong IOI mall.

"Early last year when I took a year's membership at the gym, I was told I could terminate the contract on two grounds – if my physical condition is poor and I can no longer do workouts, or if I was transferred to another workplace where I have difficulty going to their Puchong IOI gym," he says.

"As proof, I could either produce a doctor's certificate concerning my poor health or an employer's letter concerning my transfer."

Recently, after being transferred to another workplace far from the gym, he sought to terminate his contract which runs until April 20 this year.

"I called up their Puchong IOI branch and spoke to their public relations officer," says LAKSHMI.

"He told me that I cannot terminate the contract midway and that I should also sign a letter of discontinuation so that the gym would not automatically renew my contract for another year, as apparently stipulated in their contract.

"When I told him that this was different to what I was told when I signed up, he told me to check the fine print of the contract. He did give me an option to transfer my membership to another person of my choice, but that it would require me to pay an administration fee of RM109."

LAKSHMI feels that the gym should have been more forthcoming about the contract details from the start.

● A FITNESS First Malaysia spokesperson says the company has checked LAKSHMI's membershipapplication form as well as the terms and conditions form.
"LAKSHMI is on a lifestyle membership which is a 12-month ongoing membership where the terms and conditions clearly state that termination is not allowed within the first year," she says, adding that the matter was acknowledged with LAKSHMI's signature on both forms.
However, the spokesperson also says termination within the contract period may still happen on a case-by- case basis, depending on the individual's situation and also for a certain fee.
"Our area business manager has been in touch with LAKHSMI and we have resolved the matter with him whereby an agreed fee has been paid for the cancellation of the contract."

source: http://www.mmail.com.my/content/27089-gym-member-claims-he-was-misled

Ah Long, Is legal by law?

Loan shark or more popular be called as Ah long is dangerous for people today. Ah Long is lending money to people who need it with unreasonable interest rate. Ah Long use legal loaner license as company cover. Instead Ah Long will use any necessary means to get their money with the interest rate back. Even though people know Ah Long is dangerous, still people see Ah Long for money. When Ah Long lends their money, Ah Long and the borrower make a contract as evidence for the deals. If Ah Long gets their money back in time, nothing big will happen. If people whose borrow from Ah Long unable to pay back the money will face a big problem. They always feel they life in threats. Ah Long use the contract as they shield from law. They have the contract to keep pressuring the borrowers to pay the money back.

The question is the contract is valid or can it be voidable or void?

Thus Ah Long business is truly legal by law?

Is the borrower protected by law? Since they were the one who willing to come to Ah Long for money.

Digi, Sales Agent and Customer

Mike is a student of public institute and major in business administration. One day when he go to hypermarket and was approach by Digi’s agent. The agent promotes him the Digi’s postpaid plan. Mike who is user of prepaid plan attempted to the promotion. Mike was thinking that the fee is affordable and the postpaid will be as a backup when his prepaid line does not have credit. So Mike and the sales agent come to agreement and make a contract. When Mike use the postpaid, he pay the bill every month. As a student Mike does not have income, he only has money from study loan. In the end, Mike decides to not use the postpaid and have outstanding fee of approximately RM200. Mike decide want to terminate the line. However Mike does not inform Digi center about his decision. He just left the postpaid. Nonetheless Digi still charge the fee every month even though he does not use it anymore. One day someone from Digi call Mike to inform him about his outstanding fee. Mike told them he wants to terminate the line. And the caller told Mike, he needs to pay at least 75% of the outstanding which is RM375 since his outstanding fee is RM500. Mike disagree with the caller since he do not use the postpaid and been charge for what he did not use. Mike argues with the caller, why Digi still charge him even though he did not use it. Mike argues Digi should know that when customer did not use it for one month is the signal the customer wants to terminate their service. Thus Digi should terminate automatically their service and inform the customer about the termination and outstanding fee. The caller asks did Mike read the contract before sign it. And the answer is no, the reasons is because the contract is too long to read in short time (since the deal is make at foyer of hypermarket). The caller told Mike that Digi will take an action law against him. And Mike’s name will be blacklist for all telecommunication company in Malaysia. The caller suggest an idea to Mike; Mike need to pay at least RM100 per month. Then Mike ask whether Digi will stop from charge him if he paid RM100 per month and the caller says no, Digi will still charge him. Which mean Mike still paid of what he did not use, if Mike does not settle at least 75% of outstanding fee.

The question is who fault is it? Thus the contract only protect Digi right and not Mike? Is the contract is valid or voidable base on the situation? Is Mike is victims of sales agent?

Age of Majority

The age when a person acquires all the rights and responsibilities of being an adult. In most states, the age is 18.

The time when the law allows persons to do acts which, for want of years, they were prohibited from doing before.

For males, before they arrive at fourteen years they are said not to be of discretion; at that age they may consent to marriage and choose a guardian. Twenty-one years is full age for all private purposes, and the may then exercise their rights as citizens by voting for public officers; and are eligible to all offices, unless otherwise provided for in the constitution. At 25, a man may be elected a representative in Congress; at 30, a senator; and at 35, he may be chosen president of the United States. He is liable to serve in the militia from 18 to 45. inclusive, unless exempted for some particular reason.

As to females, at 12, they arrive at years of discretion and may consent to marriage; at 14, they may choose a guardian; and 21, as in males, is fun Age, when they may exercise all the rights which belong to their sex.

In England no one can be chosen member of parliament till he has attained 21 years; nor be ordained a priest under the age of 24; nor made a bishop till he has completed his 30th year. The age of serving in the militia is from 16 to 45 years.

By the laws of France many provisions are made in respect to age, among which are the following. To be a member of the legislative body, the person must have attained 40 years; 25, to be a judge of a tribunal de remiere instance; 27, to be its president, or to be judge or clerk of a court royale ; 30, to be its president or procureur general; 25, to be a justice of the peace; 30, to be judge of a tribunal of commerce, and 35, to be its president; 25, to be a notary public; 21, to be a testamentary witness; 30, to be a juror. At 16, a minor may devise one half of his, property as if he were a major. A male cannot contract marriage till after the 18th year, nor a female before full 15 years. At 21, both males and females are capable to perform all the act's of civil life.

In the civil law, the age of a man was divided as follows: namely, the infancy of males extended to the full accomplishment of the 14th year; at 14, he entered the age of puberty, and was said to have acquired full puberty at 18 years accomplished, and was major on completing his 25th year. A female was an infant

til 7 years; at 12, she entered puberty, and acquired full puberty at 14; she became of fall age on completing her 25th year.

credit to:http://www.lectlaw.com/def/a023.htm

Age of Majority by Countries

The following list the age of majority in countries (or administrative divisions) as appropriate:

Age 9

• Iran (for females)

Age 14

• Albania
• American Samoa, United States
• Isle of Man (for males)

Age 15

• Iran (for males)

Age 16

• Cuba
• Kyrgyzstan
• Scotland (European Union)
• Turkmenistan
• Uzbekistan

Age 17

• Chile (for females)
• El Salvador (for females)
• Korea, North
• Tajikistan

Age 18

• All countries of the European Union (with exceptions as listed)
• Afghanistan
• Andorra
• Argentina
• Armenia
• Angola
• Australia
• Azerbaijan
• Bahamas
• Barbados
• Belarus
• Bhutan
• Bolivia
• Bosnia and Herzegovina
• Brazil (though one may vote at the age of 16)
• Brunei
• Bulgaria
• Burundi
• Cambodia
• Canada (provinces of Alberta, Manitoba, Ontario, Prince Edward Island, Quebec and Saskatchewan)
• Chile
• China
• Colombia
• Costa Rica
• Cote d'Ivoire
• Croatia
• Cyprus
• Denmark (incl. Faroe Islands and Greenland)
• Djibouti
• Dominican Republic
• Dominica
• Ecuador
• El Salvador
• Estonia
• Fiji
• Finland
• France
• Gabon
• Germany
• Greece
• Ghana
• Gibraltar
• Guatemala
• Guernsey
• Guinea (minors are emancipated upon marriage)
• Guyana
• Haiti
• Hong Kong
• Hungary
• Iceland
• India
• Indonesia (minors are emancipated upon marriage)
• Italy
• Israel
• Isle of Man (for females)
• Jamaica
• Jersey
• Kenya
• Laos
• Latvia
• Lebanon
• Liechtenstein
• Lithuania
• Luxembourg
• Macau
• Macedonia
• Malaysia
• Malta
• Mauritania
• Mauritius
• Mexico
• Moldova
• Monaco
• Montenegro
• Nepal
• Netherlands
• Norway
• Oman
• Pakistan
• Panama
• Paraguay (minors are emancipated upon marriage)
• Peru
• Philippines
• Poland (minors are emancipated upon marriage)
• Portugal
• Qatar
• Romania
• Russia
• Rwanda
• Saint Kitts and Nevis
• Saudi Arabia
• Senegal
• Serbia
• Seychelles
• Slovakia
• Slovenia
• South Africa
• Spain
• Sudan
• Sweden,
• Switzerland (16 with parental consent)
• Syria
• Tanzania
• Trinidad and Tobago
• Tunisia
• Turkey
• United States, (with 3 exceptions, see elsewhere in the table)
• Ukraine
• Uruguay
• Venezuela
• Vietnam
• Wales
• Yemen
• Zimbabwe

Age 19

• Alabama, United States
• Canada (provinces of British Columbia, New Brunswick, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut and Yukon)
• Nebraska, United States

Age 20

• Japan (debate started to lower it to 18)
• Korea, South
• New Zealand
• Taiwan
• Thailand (minors are emancipated upon marriage)

Age 21

• Bahrain
• Cameroon
• Chad
• Egypt
• Honduras
• Lesotho
• Madagascar (minors are emancipated upon marriage)
• Mississippi, United States
• Namibia
• Puerto Rico, United States
• Singapore
• Swaziland

reference:http://en.wikipedia.org/wiki/Age_of_majority

Court for Children

Only for under age which is under 18 years old. However, children less than 10 years old consider as incapable of doing crime by Malaysian Legal System thus their case not trial in court. For 10 and 11 years old, they case will depend to trial or not. 12 years old and above will go to trial.

This court will not differentiate the level of education of the children. Let say the felon was student of ‘Kelas Peralihan’ and do crime while study on form five of secondary school. Since ‘Kelas Peralihan’ need one year to study, by that time the felon do crime age is 18 years old. Regardless of the level of education which is still student of secondary school, the felon case wills not trial in Court for Children. The case will go to other courts in Malaysia. The flow will follow the Hierarchy of Courts in Malaysia.

Court for Children is close trial. This court is not about punishment, it is about reinstate.