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Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14361
Experience:  I did my law degree at the University of Queensland
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Hi I just signed up for a years Gym membership 2 weeks ago

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Hi I just signed up for a years Gym membership 2 weeks ago in WA (The Club ) work has asked me to relocate. I spoke with the manager and under my contact i have to pay reguardless as I was advised. I put a stop on my direct debit through my bank ( not sure if that is legal), I will be speak with the club owner on Monday.


Sorry forgot to mention I need to cancel this membership



Gavin Pereira

Unfortunately you have missed the cooling off period which is only 48 hours. However, if the gym cannot operate at the location you intended to use it at, then you may be within your rights to terminate the membership (depending on the terms of the contract you signed). I suggest you send the gym a letter telling them you are terminating because they are closing the location you wanted to use (be sure to keep a copy).

Then, if they want their money, they would have to sue you. If that happened, you would have a decent argument to tell the Magistrate and the matter might be dismissed.

Should you have any other questions, please let me know.
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Customer: replied 4 years ago.

Hi Alex , thanks for quick response. Would me having to relocated for work have grounds for acceptable termination. I have read there clauses and there is only mention of if you are unable to attendend Gym due to physiqal injury.


These are exceptional circumstances in my eyes, just want to know if this will be accepable reason, also note I have put a stop on direct debit through my bank , will this cause an issue.




Gavin Pereira

The Magistrate might find them closing the location you joined at as a breach of contract by them. So that is primarily your best argument. And I would have recommended you put a stop on the direct debit, but you mentioned you had already done that.

That is going to bring the issue to the surface, so you will know how they are going to approach it. They may choose not to take it any further, or they may threaten to sue.