It is currently Thu Dec 08, 2016 3:00 pm

Free Newsletter

Fitness First Takes Woman To Court Over $200

Talk about anything and everything, whether it's related to weight loss or not.

Moderator: Moderators

Fitness First Takes Woman To Court Over $200

Postby MelbGirl08 » Fri Aug 08, 2008 9:53 am

Fitness First wins 'sick' legal battle

Bellinda Kontominas

August 7, 2008 - 3:15PM

Gym giant Fitness First has taken a former member who could not work out due to medical problems to court, all for the sake of $200.

- Court overturns tribunal ruling
- No refund on cancellation fee
- Gym member bound by contract conditions

The Supreme Court today ruled that Suh Yoke Chong, who suffers from lupus, thyroid problems and sleep apnea should not be refunded a $200 cancellation fee after she was unable to continue her membership due to blurred vision and headaches.

Ms Chong, who signed a contract with Fitness First on April 9, 2007, after she had put on weight due to steroid medication she was taking, took her case to the Consumer, Trader and Tenancy Tribunal.

She told the tribunal that during her conversation with the Fitness First consultant he gave her the terms and conditions and told her to "sign here, here and here."

"The reason I told him (about my medical condition) is that I hope that he will be honest with me, that whether my condition can do the gym and he told me that, 'Oh, you find the right place, this is the best place to lose weight'."

Ms Chong signed the contract without reading the terms and conditions which state that a cancellation fee of $200 applies if membership is terminated within the first two months and after a 15-day cooling off period.

The tribunal ruled in September last year that Ms Chong be reimbursed that money.

It found that "a valid contract required the parties have (a) ... meeting of the minds, in that they each fully know and understand the terms and conditions of the agreement."

However, Associate Justice Joanne Harrison found that the Tribunal member erred in the law on that point and that Ms Chong was bound by the conditions of the contract. She made no order as to costs.

Comment is being sought from Fitness First.

*****************************************************

Geez, all over $200? Do they really need that $200 considering how expensive their memmbership already is?
MelbGirl08
 
Posts: 56
Joined: Wed Feb 20, 2008 12:47 pm

Re: Fitness First Takes Woman To Court Over $200

Postby ali76 » Fri Aug 08, 2008 4:22 pm

Thats fantastic marketing for them.....people will be lining up to join their clubs now....NOT!!!

Obviously they've never heard of Good Will!
SW - 75.9
CW - 68
Happy weight - 68 (I MADE IT!!!)
GW - 65 (for now - and until I conceive!)
User avatar
ali76
 
Posts: 1794
Joined: Wed Jan 16, 2008 2:37 pm
Location: Adelaide

Re: Fitness First Takes Woman To Court Over $200

Postby MelbGirl08 » Fri Aug 08, 2008 5:11 pm

One of my friends joined Fitness First a while ago and put my name down as one of 3 people who might be interested in joining as well (apparently this is standard).

I got called 4 times in 2 weeks asking me to come in and sit down and have a chat to them about membership. Thankfully, I used to work in sales and I knew what they were trying to do. I just refused - lukcy for me! :)

I compare their "membership consultants" to used car salesmen. They'll tell you everything you want to hear and get you to sign on the dotted line. After all, they work on a commission and have a quota to meet.
MelbGirl08
 
Posts: 56
Joined: Wed Feb 20, 2008 12:47 pm

Re: Fitness First Takes Woman To Court Over $200

Postby ali76 » Fri Aug 08, 2008 7:32 pm

I work on commission too but the most important thing to me is my reputation. Our deposits and fees are all 'non-refundable' but if something like that happened to one of my students, they'd get it back! I want people saying great things about me and my place of work...the worst way to sabotage your great efforts in marketing is to have negitive word of mouth!
SW - 75.9
CW - 68
Happy weight - 68 (I MADE IT!!!)
GW - 65 (for now - and until I conceive!)
User avatar
ali76
 
Posts: 1794
Joined: Wed Jan 16, 2008 2:37 pm
Location: Adelaide

Re: Fitness First Takes Woman To Court Over $200

Postby carinna » Tue Aug 19, 2008 12:44 pm

I'm surprised she won, to be honest. A contract is a contract, and usually is upheld in court as long as the parties are of sound mind. Not that I'm not in agreement with the ruling. And I think that Fitness First just cost themselves a LOT of business. Lots more than $200 worth. Terrible business decision. :|
*Check out my BEFORE and AFTER pics*:
http://www.carinna.wordpress.com
**Comments are always welcome!**
User avatar
carinna
 
Posts: 57
Joined: Fri Jul 25, 2008 4:27 pm

Re: Fitness First Takes Woman To Court Over $200

Postby Strawberry » Tue Aug 19, 2008 4:42 pm

carinna wrote:I'm surprised she won, to be honest. A contract is a contract, and usually is upheld in court as long as the parties are of sound mind. Not that I'm not in agreement with the ruling. And I think that Fitness First just cost themselves a LOT of business. Lots more than $200 worth. Terrible business decision. :|

no the crt overruled tribunal decision. the finding by the crt was the contract was binding.
there can be lots of reasons for a non-binding contract just because parties are of sound mind at the time of entering does not make the contract binding.
i have to agree fitness first have cost themsleves a lot of business - talk about bad publicity!
User avatar
Strawberry
 
Posts: 826
Joined: Fri Jun 20, 2008 1:09 pm


Return to Just Chatting

Who is online

Users browsing this forum: No registered users and 1 guest