Contractual rights at a gym: Discover your options

Questioner

I signed a contract with a gym that included a clause saying I could try it for 3 months and if I didn't like it, the annual contract would be terminated. The following text is literally in the agreement: '...a 100% satisfaction guarantee. If you train on the 'deviceXX' at least 20 times in 90 days (once in 5 days), then 'sportschoolXX' is convinced that you have achieved results. (...) After 90 days you can take stock yourself. Are you not satisfied? No problem, then you get your money back! And your membership is terminated immediately.' Now they say that I did not adhere to the conditions because I did not come once every 5 days, but that sometimes there were 7 or 10 days in between. I did reach the average of 2 times a week. I have been 20 times in 90 days, but once 1x in a week and the week after 3x. They do not want to terminate the contract now and think that I am stuck with a year contract. They do offer me another cheaper, different contract. I believe that I am within my rights and I also have the idea that, precisely because they are offering me a cheaper contract, they cannot substantiate it. Who is right? And if I am in the right, how do I get my rights?

Lawyer

I also get the idea that you are in the right. You have made the balance yourself and are not satisfied. You do not have to do anything else except stop paying. The gym will have to prove that the agreement is still ongoing with payment obligations on your side.

Questioner

The contract included a direct debit. So how can I reverse that if they keep insisting that I don't meet the requirements?

Lawyer

I agree with you and Mr Wassink. The condition is a minimum of 20x and the '1x in 5 days' is only an indication. If your cancellation is not accepted, simply stop paying, you can reverse any direct debits within 56 days and possibly also put a general block specifically for the gym. It is best to ask your bank about this. If the gym believes it has a claim on you, then the burden of proof of this indeed lies with them.

Lawyer

It is possible that the given time criterion in maximum days between training on equipment x has achieved demonstrable results in the past and in other cases (less time interval, but more consecutive training sessions not). Therefore, this provision will require further explanation by the gym.