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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I signed up 12 month contract with genesis gym in Townsville

Customer Question

Hi, I signed up for a 12 month contract with genesis gym in Townsville 16 months ago. I noticed that they have continued to charge me after the contract, and when I asked them to cancel they told me I had to fill out a form and then pay fees for a month following my cancellation. I haven't used their facilities in over a year and feel that I am being taken advantage of. furthermore they are charging me more than I agreed to pay. the contract was for $14.95 p/w and they are now charging me $24.95. I hope there is a solution that doesn't involve more payments, I don't feel this is fair and if at all possible I would seek to be reimbursed for the payments debited after the contracts terms. thank you
Submitted: 1 year ago.
Category: Australia Law
Expert:  kmslaw replied 1 year ago.

Hello my name is***** am a solicitor in NSW who will help with your inquiry today. Have you got a copy of the contract that you can attach to this website so I can read it? Then I can advise you what to do.

Customer: replied 1 year ago.
Hi Kylie, thank you for your response, i don't, however i can request one
Customer: replied 1 year ago.
Sorry for the wait Kylie, it took a few phone calls
Expert:  kmslaw replied 1 year ago.

Hello Michael. These documents appear to be just a direct debit request and on the first page it refers to Terms and Conditions being on the back of the direct debit request. You need to press them to give you a copy of the Terms and Conditions which it refers to.

However it's not looking good for you: on the first page it says that 12 months is the minimum term and there is a box on the front page saying that if you didn't tick the box then the contract will continue and you will be expected to pay beyond the 12 month term. You didn't tick the box, so payments would still be payable beyond the 12 month term. Whether you need to be making the higher payments is really something that would be covered by clause 7c which it refers to on the first page next to that unticked box. So press them for the Terms and Conditions and come back to me.