Due to the frequent change of personal trainer in the fitness club, the member appealed to the court to cancel the contract and return the fee. A few days ago, the Fourth Intermediate People's Court of Chongqing rejected the appeal and upheld the original judgment according to law after the second instance, that is, the five contracts signed by Ms. Luo and a fitness club in Chongqing were rescinded. A fitness club in Chongqing returned Ms. Luo's remaining class fees and membership fees, totaling 12932 yuan. From September 23, 2016 to October 12, 2017, Ms. Luo signed the Membership Contract and four Individual/Group Training Contracts with a fitness club in Chongqing. The five contracts all stipulate that when the original designated personal trainer fails to complete the course, it will have the right to replace the personal trainer for the member. During the beginning of the private training contract, if the member unilaterally proposes to cancel the training course, it will be deemed as breach of contract, and the member must pay 30% of the total amount of the course as liquidated damages. The four Personal/Group Training Contracts stipulate that the personal coaches are Li, Deng and Pan respectively. However, from May 2019 to June 2019, the coaches of the six classes were not designated in the contract signed by both parties. In June 2022, Ms. Luo filed a lawsuit to the court, demanding the cancellation of five contracts, and ordered a fitness club in Chongqing to return Ms. Luo's remaining private teaching fee of 9840 yuan, the class fee of 1840 yuan for invalid training, and the fitness card refund of 3534 yuan, totaling 15214 yuan. During the court hearing, a fitness club in Chongqing raised a defense, believing that Ms. Luo's unilateral termination of the contract was considered as a breach of contract, and she should bear 30% of the penalty. The court held that the fitness contract was a special service contract signed on the basis of mutual trust. Although the contract stipulates that when the original designated personal trainer cannot complete the course, it will have the right to replace the personal trainer for the member. However, a fitness club in Chongqing changed other coaches without Ms. Luo's consent, which greatly affected Ms. Luo's personal experience and effect in training. Ms. Luo's unilateral termination of the contract does not constitute a breach of contract and does not need to pay liquidated damages. Although Ms. Luo did not approve the six class hours service in dispute, she did not support her request for a refund of the six class hours service fee from a fitness club in Chongqing, given that the class hours had been completed and had been well received. To sum up, the court made the above-mentioned judgment. ■ The judge reminded ■ The fitness service contract is a special service contract, which focuses on personal experience and effect. Consumers spend expensive class hours to hire personal coaches, not only to exercise, but also to enjoy high-quality personalized services. Personal coaches that consumers trust, recognize and are familiar with can better communicate with consumers and provide scientific guidance to help them achieve the expected training effect. The frequent replacement of personal coaches in the fitness club has greatly affected the training effect and experience of consumers, resulting in the failure to achieve the purpose of the contract. The behavior of the fitness club is a fundamental breach of contract, and the consumer has the right to terminate unilaterally. (Xinhua News Agency)
Edit：Ying Ying Responsible editor：Jia Jia
Source：rmfyb.chinacourt.org
Special statement: if the pictures and texts reproduced or quoted on this site infringe your legitimate rights and interests, please contact this site, and this site will correct and delete them in time. For copyright issues and website cooperation, please contact through outlook new era email：lwxsd@liaowanghn.com
Recommended Reading Change it 
Home
