Break gym contract under misrepresentation

Here is what happened - sorry it's a bit long but I do need advice


I signed a 1-year gym contract last Oct. At that time, I asked the sales guy whether I can terminate the contract before 1 year expiry. He said yes but the gym will not return the 1 month deposit. Hence, I signed up based on this understanding (now I realised that I'm quite stupid to believe him).


End last Nov, I was fired. I couldn't find another job & decided to leave Hong Kong going back hometown end Jan. In Feb, I remembered the gym thing & called up the same sales guy to cancel my gym contract. He asked me to come to their office to do the termination. I told him that I've already left Hong Kong & cannot go to their office. My payment was done through credit card. Around the same time, I called to cancel my credit card. Hence, I thought everything is done & believed that I have done nothing wrong as well.


Then, end Feb gym called me that I'm late in payment. Despite my explanation, the gym guy simply said that I need to pay up according to the contract I signed no matter whatever I was told by their own sales. I thought it's ridiculous & simply ignored his future calls. I actually switched off my mobile later on to avoid expansive roaming fee.


End May, I got SMS from gym that gym is sending collection agent & going to court against me.


I'm quite worried as now I learnt from my friends that all gym contract has a fixed term & apparently what the gym sales guy told me initially is a lie. Since I've signed the contract (which I didn't keep & never go through in details), the gym can use it against me in court.


I've paid 4-month plus 1 month deposit before I cancelled my card. According to the 1-year contract, there is another 7 months $2,380.-=$340.-*7. But I'm no longer in Hong Kong now. I just kept my HK mobile.


What will or can the gym do to me? And shouldn't the gym take part of the responsibility? I only signed up the contract under their sales guy misrepresentation though I have no way to prove this.


Will they go to court for $2,380? And what will happen - I I meant I'm not in Hong Kong now? I guess my credit record is gone. But how serious is this thing? What will be the impact if I later find a job back in Hong Kong?


Need help!! thanks

Any suggestions? insights?

Thanks, Muzikera


No, don't think I'll go back to the same apartment. But does this make a difference?

What the salesman said might amount to a condition of the agreement - but it might not form a term of the contract which, I suspect, excludes any representation made by the sales guy. That said, it might amount to a collateral contract ( a wonderful invention by the late Lord Denning in a case the name of which escapes (been a while since I practised contract law)). It might, also be a mis-representation or, if the saleseman knew it was untrue but lied to you, a fraudulent mirepresentaion which would allow you to treat the whole contract at an end and get all your money back. Of course, it is a mixed matter of evidence and law and it would be nice if you could trace the salesman to back up your story. Much will depend on the policy of the gym as regards pursuing "defaulters" (as they would term them ). It must be a common problem with expats leaving in droves. If their policy is to pursue to court whatever the cost, then you will have to argue your case there, but I doubt it is worth their while - especially if they, too, cannot trace the sales guy (or he tells them a story they don't want to hear). The burden of proof is on them (balance of probabilities). I suggest you stand your ground and go on the offensive: explain that there was a condition of the contract (alternatively a collateral contract) allowing you to terminate as per the salesman's staement and that it was also a fraudulent misrepresentaion and that you would like your money back, thank-you-very-much. Tell them to take a hike. Explain that if they make any adverse reports to credit agencies this will amount to defamation and, further, you will take action under whatever is the equivalent in HK of the English data protection legislation. In fact, ask them for a copy of all personal information they keep under the relevant ordnance (sorry, I don't know it - I practised in England). Tell them to call off the dogs and stop hounding you or you will report them to the consumer people. Since they don't (as I understand it) have a judgement against you, there is nothing the collection people can do apart from chase you. Advise them that you will reveal the whole sorry tale (including their identity) in the pages of AsiaXpat. That should make them think. Oh, and do a credit check on yourself. If there is anything adverse, ask them to amend. I suspect that the gym's threats are all bluster. I can't see them pursuing you against all the above arguments and especially if they cannot find you. Oh, and get a friend to send your letter from another country. That should throw them off your scent.

i know of someone who broke a contract under similar circumstances albeit with icable and not a fitness center.

he continued to stay in the same apartment in hong kong and simply switched to now.com.


nothing ever happened... the amounts are too small to worry about

Thanks very much. I feel better now. I think the whole thing over. I shouldn't let the gym to take me for a ride. After all, their sales guy lied to me in the first place. It's no right for the gym to take such an attitude & threaten me.