A messy break-up 

Source: Fair Go

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Reporter:  Ruwani Perera

What if you joined a gym - signed a one year contract and in a matter of months you needed to opt out - not because you didn't like the place or couldn't be bothered going - but something happened that was completely out of your control.  It happened to 24 year old Dennise Pehi.

For a $100 dollar joining fee Dennise Pehi became a member of World Of Fitness Whangarei in May - she signed up to a 12 month membership - paying $70 dollars a month.

At her first appointment she explained her medical condition telling her gym instructor she needed to get fit for a kidney transplant.

But just two months into her membership Dennise needed to move from Whangarei to Auckland sooner than planned to be closer to her doctors and donors - she needed to get out of her contract with World Of Fitness.

With the help of a community lawyer, Dennise contacted the gym telling them she was in advanced stages of kidney failure and appealed on compassionate grounds to release her from the contract with them.  World Of Fitness said: "No".

Like any contract - the one you have with your gym is legally binding.

All have different conditions in the fine print, and if you want to get out - you're going to have to pay.

Dennise was given two options for terminating her membership at World Of Fitness - both at a cost: she could pay for 4 months plus a cancellation fee of $250 dollars; or for $75 dollars transfer it to someone else.

With the stress of her illness Dennise did neither, so her debt was chased up by Debit Success - who handle direct debits for most gyms around the country.

In September they sent her a final notice to pay up for the cancelled membership - or else it'll go to debt collectors Baycorp Advantage.

Before you jump into a gym contract consider these points:

- Remember even if you have signed up to a 12 month contract don't assume that your payments will automatically stop at the end of those 12 months.  most gyms require one month's written notice of your intention to terminate - note down the date in your diary.

- Work it out before your work out - when you're looking at prices calculate the total cost per week including the joining fee in the first year then divide it up by the number of times you'd go on average.

- Although the contracts are legally binding they still have to live up to your rights under the fair trading act. for example - if your gym discontinues a class that you use regularly - then you've got a case.