Is the gym activated membership card on the day of the gym opening?Lawyer says

The Yangtze River Daily Da Wuhan Client July 13th (Intern reporter Fan Youhan) Recently, Ms. Huang, who lives in the Jiang'an District, inadvertently found that the fitness year card that has not yet started to use has already been activated in January Long. "The gym staff said that this was a systematic problem. The card was automatically opened. Now there is no way to solve it." Ms. Huang was very dissatisfied with such a response, and then logged in to Wuhan City Message Board to ask for help.

Ms. Huang introduced that in early April, she learned about the pre -sale event of the gym. At that time, the gym was still renovating and did not start business. The two -year fitness card costs are 2380 yuan, which comes with some experience courses and secondary cards. Because it is close to home and the price is appropriate, Ms. Huang handles members in mid -April. Regarding the activation time of the card, Ms. Huang said she had confirmed with the gym staff many times.

According to the WeChat chat screenshot provided by Ms. Huang, before she officially opened in the gym, she confirmed to the sales and fitness managers to open the card time. After the other party said that after the gym was officially opened, Ms. Huang went to the gym for the first time. Activated.

Screenshot of WeChat chat provided by Ms. Huang.

"At that time, the sales also suggested that I use the second card to activate the membership card." Ms. Huang said. However, when Ms. Huang went to fitness in early July, it was found that the card was activated as early as the day of June 1. The gym staff responded that all membership cards were activated together on the same day. "No one notify me, what if I go to fitness after half a year?"

In this regard, a reporter from the Yangtze River Daily went to the gym to visit and verified. Mr. Yang, manager of the store, said that activating all membership cards at the opening of the store was an industry practice. If customers want to specify the activation time, they need to add remarks clauses in the contract.

Mr. Yang showed the contract template to reporters. The reporter noticed that the first page of the contract covered the seal of "verbal commitment and not fulfilled". Mr. Yang explained that the early pre -sale of their gym was outsourced to other sales teams. Some salesperson might make a promise that the gym could not complete in order to sell the card, so they would note this in the contract. "Some sales promised to customers. When we verified, he said he had never said that."

Ms. Huang did not agree with this. She believes that even if the verbal promise cannot be fulfilled, she still has a chat screenshot, and the contract does not explain the relevant terms of the automatic activation card on the first day. Regarding the words of Ms. Huang and Mr. Yang, the reporter interviewed Lawyer Chen of Wuhan Dianheng Law Firm.

Attorney Chen said that first of all, the behavior of the sales staff is a job and should be regarded as a representative of the gym, so the content of the sales staff promised to form a part of the contract. Secondly, the seal of "verbal commitment, not fulfilled" is the overlord clause that eliminates consumer rights, and can be identified as an invalid clause or does not constitute valid content of the contract. The chat screenshot provided by Ms. Huang can prove the promise of the salesperson and constitute a part of the contract. It should be observed. Otherwise, the gym constitutes a breach of contract and is suspected of fraud.

Regarding the "industry practice" statement, Lawyer Chen said that customers are not professionals in the fitness industry, and the gym should not know the industry's practice by default. Industry practice can only be used as an explanation if the two parties do not agree or have no relevant regulations. In the case of agreed, they should act in accordance with the agreement.

Photo by a trainee reporter Fan Youhan

At present, the gym is willing to negotiate with Ms. Huang and adjust the card period appropriately. But Ms. Huang was reluctant to accept it and just wanted to refund the card. The reporter contacted the West Malaysia Street Market Supervision and Management Office of Jiang'an District. The staff of the institute responded that the complaint was being dealt with and asked Ms. Huang to retain relevant evidence.

【Edit: Zhao Ke】

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