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Gym closure with no notification to its members

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asked on Jul 28, 2017 at 14:55
by   SiewYing
edited on Aug 4, 2017 at 06:01
 
I've signed up a 2-year membership package with Fit Evolution Gym in October 2016 and have been going there till April 2017. I skipped May and June as I was unfit to go. However when I went to the gym in Mid-July, it has closed down. I have to search them through Facebook page to find them and asked them the reason. Their reply was that they have shifted to another venue in June. While they insisted they have informed all members, they failed to inform me and also another friend of mine. However, they said I am welcome to their new gym and I can continue using my membership from the old gym at the new venue but with a fee for administration purpose to key in our details in their new database.

By the way, the new gym has all the former trainers and gym equipments. The only changes are the board of directors, the name of the gym and the venue.

Questions:

1. Can I take legal matters into my hands to sue them for not notifying me?
2. Can I take legal matters on the extra fees they are charging?
3. Can I take legal action if they aren't gonna refund me?
4. Can I sue them for breach of trust?
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1 Answers

answered on Jul 28, 2017 at 15:18
by   vkpc
edited Aug 4, 2017 at 06:03
 
1. Can I take legal matters into my hands to sue them for not notifying me?
Before you sue, you must know what are your damages due to not being notified.
If your damage is RM 100, the Judge will award you RM 100 when you win.  Is it worth it?

2. Can I take legal matters on the extra fees they are charging?
If they charge you extra RM1k, you are going to pay a lawyer RM8k to sue them?

3. Can I take legal action if they aren't gonna refund me?
Read the terms of the membership contract again to see if there is a refund clause.
If don't have any refund clause, sorry la.

4. Can I sue them for breach of trust?
Breach of Contract is much easier to sue than Breach of Trust which depends on law of tort which is very risky.
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