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