Think Subscriptions End Automatically? Think Again

Monday, February 9, 2009 5:52 - By The David

I just ended my gym membership, but not without some pain.

To give you the back story, I signed up for a two year gym contract in January 2007, and recently received a letter in the mail saying that my membership was about to expire.  It also had some information about how to renew it, including payment options.

renew_now

After I saw this, I assumed they would stop charging me.  Big mistake.

Come February, the $58 charge came out of my account yet again.  I was puzzled at first, then realized how foolish I was to expect a company to do the right thing, especially when they have automatic access to my bank account. 

I wasn’t sure why they were still charging me, so I logged into the gym account website, and saw that they had extended my contract for 30 years.  30 YEARS.

never_ends1

After I saw that, I went to the gym to cancel my membership.  They said that they couldn’t do it – I’d have to call the company that processes all of their billing.  So I called them up, hoping I could get a refund of the fees they charged after my account had expired.

First, I asked why they had charged me after the expiration date.  They pointed out a clause in the contract that said:

Services purchased under this contract shall expire on January 31st, 2009.  Thereafter, the term of this membership may be extended from month to month by paying a monthly fee…

Basically, they had the right to extend my membership as long as they wanted.  There was no way I could get a refund.

So next, I asked to cancel my membership.  They said they could do it, but they had to charge me the next month’s membership fees anyway.

“Why?” I asked, trying to to mind my temper.

The operator said that they required a 30 day advance notice, and she read the clause of the contract that specified this:

Buyer may terminate month to month membership at the end of any month, upon at least 30 days prior written notice from buyer to seller.

So not only could I not get a refund, but I had to pay another month of fees for a gym I wasn’t using.  I was seriously pissed off, but there was nothing I could do.  I had signed a deceptive contract.

The only options I have are to help prevent this from happening to others (hence this post), and to file complaints with the local chamber of commerce as well as the state attorney general.  I doubt anything will come of it, but I might have a case since they mailed me a letter suggesting that my contract had ended.

As frustrating as the gym membership has been, it’s finally over, and I’ve learned a few lessons, even if they were expensive.

  1. Don’t sign up for long term contracts, assuming that you’ll change your behavior to take advantage of it.  I used the gym regularly for a solid year, but that’s it.  Two years was just a waste.
  2. If you want to cancel a contract or subscription, submit notice in writing at least 30 days in advance.  Mail it by certified letter, and keep a copy for yourself.
  3. Don’t give anyone automated access to your account unless its absolutely necessary.  You’re giving up your first line of defense if you do.

I hope this can serve as a wake up call for others to be careful with contracts.  I wasted $116 when I cancelled mine, but you don’t have to make the same mistakes.

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  • Looks like the company expected such cancellations and planned to make it tough. Looks like there is no honour in business.

    And based on Serene Journey's experience, there might be a market for people to use the gym on a per use basis.
  • They definitely went out of their way to make sure that people would fall for an extra two membership fees after the "expiration date".

    What's frustrating about their lack of honor is that I was a good customer, and was happy with the gym. I probably would not have renewed my subscription, but I would have at least considered it in the future if I find I have more time/motivation to exercise.

    Instead, they pissed away a happy customer.

    I think there definitely would be a market for a per use gym. Sure, you wouldn't have the guarenteed revenue, but there would be no shortage of people coming in, even if they were never the same people for very long.
  • I had the same problem with some magazine subscriptions. I assumed that once the year was up, I wouldn't recieve any more. Wrong. They automatically renewed my subscription so that I would have to physically call and cancel. Just think how many people get sidetracked or don't notice and end up paying for another year (or ten)!
  • Unfortunately its one of those things that you don't know better until it happens to you.

    I'm really thankful that I check my accounts frequently... I'm sure there are some people that either don't check their accounts, or are so far in debt that they don't even realize that more money is coming out.

    They'd end up paying for another 30 years of membership fees. That's almost $21,000. Maybe getting off with paying $116 isn't that bad.
  • SereneJourney
    Many years ago my wife and I signed up for a gym membership and paid the full annual fee which was around $600. We only went around 8 times (slackers, I know) putting our average cost at $75 per visit!

    These days I'm very conscious of annual and monthly costs now and think of them as "financial barnacles". A single barnacle doesn't slow down a ship that much but if a ship is encrusted with barnacles it's performance can be severely hurt.

    The same goes with finances - I try get rid of all these little automatic charges as they can really soak up a lot of your pay check.

    Cheers,
    Gwynn
  • Good advice. I like the barnacle metaphor.

    I won't sign up for a gym membership again. It was completely wasted money. I didn't even go at all for half of the months!

    Next time I feel like exercising, I'll try walking or jogging, or maybe pick up some free weights if I'm feeling really motivated. It would be much cheaper and convenient than a gym pass.

    I think from now on, the only monthly subscription I'll have is to Neflix, but that saves me money in the long run.

    Thanks for the comment!
  • (deleting...meant to post as reply to comment above)
  • Something similar happened to me a few years back. I tried to cancel with my gym after my 1 year contract was up and apparently the contract said I would automatically be enrolled for another year if I did not cancel 30 days before the 12 month was up! What the hec!

    So, I told them that it was just too far for me to continue to make that commute after work once I changed offices. Their response was that I could not cancel unless I moved and one of their gyms was not within 25 miles! Who the hec wants to go 25 miles to workout? You're exhausted by the time you get there!

    Anyhow, I ended up having my friend write me a doctor's note saying I couldn't work out and that's finally how I got out of it. I know I lied, but it saved me $65/month and the headache of talking to really rude people!
  • Automatic year long renewal? That's awful! Way worse than the month to month fees I got hit with.

    I had some of the same problems you did. I moved, but not far enough away to get out of the contract.

    I don't think what you did is lying...I think it's just fighting fire with fire.
  • Well, they do not sound like the nicest company to work with. I would guess that it is a national company that knows that they can get away with that kind of stuff. They know that even if you tell everyone you know about your bad experience, they will still have the masses lining up for the memberships. Well, at least you will never deal with them again!
  • It was a local gym, but they use an international billing company for all of their membership processing. You're definitely right - I'll never deal with them again. I was happy with the gym, but obviously not the customer service.

    I'll warn people I know about them, but I doubt it will hurt their bottom line at all. I'm more concerned with helping people not fall for the same mistakes, so hopefully this article achieves that.
  • David,Welcome to the world of "Evergreen Contracts". If you don't cancel, they continue to renew-- forever.

    Just another sneaky ploy . . .
  • I should've known better, but at least I monitor my accounts regularly. I'm sure there are some people that are unknowingly paying for subscriptions that they thought ended long ago.
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