Asked by Nolin on 11-06-2024 13:02:32
Question posted in the General Law category relating to Western Cape

Hi, I signed a contract with a gym in April. I joined because of the sauna. They closed the Sauna in April. I want to cancel but they want to charge me close to R3000 for the cancelation. What can I do? 

Posted by Att. Patrick on 11-06-2024 15:19:37

Hi there and thank you for your question,

I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.

Please keep in mind that our discussions is for general information purposes only. Our engagement on this website does not create an attorney-client relationship. 

Did you tell the sales person, at any point in time, that you were only joining the gym because of the sauna?

Was it only because of the sauna, or were you intending using the gym facilities in general but also because of the sauna?

I did not mention to him that it was for the sauna. I use the other facilities as well but the sauna is the main facility that I used. It was the deciding factor to sign up.

Posted by Att. Patrick on 11-06-2024 16:41:12

If you never specifically mentioned anything about the sauna, then there could not have been any representation by the salesperson regarding the continued operation of the sauna. 

The fact that you joined because one of the main reasons was the sauna, unfortunately, does not assist you in cancelling the gym contract. 

You will still be entitled to cancel your gym contract, however, the gym would be entitled to a reasonable cancellation penalty if your gym contract was for a fixed period of time. e.g. 12 months

If your gym contract is a month-to-month contract, then you would simply be able to give a full calendar month's notice and then cancel the contract.