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"i gain ten pounds during festive seasons." with the arrival of the national day holiday, many friends’ exercise craze has been ignited again and they go to the gym to sweat. so, what are the risks to be aware of when going to the gym? what should i do if i pay a coach and the gym says there is no such person? my favorite personal trainer has resigned, what should i do if my request for a refund is rejected? what should i do if i get injured while exercising and the gym refuses to compensate? this article uses cases to analyze disputes that may occur in gyms and reminds you to pay attention to relevant legal risks.

pay the coach

what should i do if the gym says there is no such person?

xiaofang purchased a stretching and repair course worth 10,800 yuan at the gym, and the designated instructor was xiao zhang. later xiao zhang resigned for some reason. before resigning, xiao zhang told xiao fang that he and his coach xiao wang had already handed over the courses, and xiao wang would continue to teach xiao fang in the future. afterwards, xiaofang made an appointment with coach xiao wang, but was told that there was no course information about xiaofang in the system and she could not attend class. xiaofang went to the store to communicate with the gym manager that day, but the manager refused to admit that xiaofang had purchased the course, and told xiaofang that the system did not have her course information because coach zhang had illegally listed the course under the name of other members. xiaofang's request for a refund was also rejected. in desperation, xiaofang took the gym to court on the grounds of a dispute over the service contract, demanding that the service contract between both parties be terminated and the gym refund the remaining course fee of 10,260 yuan.

the gym argued that it did not collect the 10,800 yuan payment. xiao zhang served as a personal trainer while providing services at the gym. he was a salesperson, not a financial person, and he did not perform any duty to collect payment for the service contract. the gym explicitly prohibits members from making private transactions and posts notices at the front desk reminding members that payment methods are limited to the cashier and mini-programs. xiaofang's transfer of 10,800 yuan to xiao zhang was a private transaction and had nothing to do with the gym. the gym should not be responsible for refunding the amount.

after trial, the court found that xiaofang had paid 15,360 yuan for ordinary personal training courses by scanning the gym’s qr code. hou xiaofang paid 10,800 yuan for stretching and repair courses to xiao zhang through alipay transfer, totaling 20 sessions. at this time, xiao zhang was a gym employee. by showing the wechat chat records and call records between xiaofang and xiao zhang, xiaofang proved that xiaofang made an appointment with xiao zhang through wechat before each class, which was in line with the practice of making appointments for fitness personal training services. there are 19 remaining sessions of the tensile repair course service, and the corresponding fee is 10,260 yuan.

after hearing, the court held that when xiaofang paid 10,800 yuan for the stretching and repair course to xiao zhang, xiao zhang was a gym salesperson, and selling the course was within his scope of authority. during his employment, xiao zhang sold stretching and repair courses to xiao fang in the name of a gym, which constituted a job agent, and the gym should be responsible for refunds. therefore, xiaofang and the gym have formed a de facto service contract relationship. the contract established in accordance with the law is binding on both parties. the contract obligations should be fully performed as agreed. now that the purpose of the contract cannot be achieved, xiaofang’s request for termination of the contract and refund should be supported. . therefore, it was ruled that the service contract between xiaofang and the gym was terminated, and the gym refunded xiaofang’s course fee of 10,260 yuan.

[judge’s statement]

paragraph 1 of article 170 of the civil code of the people's republic of china stipulates that persons who perform work tasks for a legal person or an unincorporated organization shall perform civil legal acts in the name of a legal person or unincorporated organization regarding matters within their scope of authority. , effective on legal persons or unincorporated organizations. article 563, paragraph 1, item 4 stipulates that if one of the parties delays the performance of its debts or commits other breaches of contract such that the purpose of the contract cannot be achieved, the party may terminate the contract. paragraph 1 of article 566 stipulates that after the contract is terminated, if the performance has not yet been performed, the performance shall be terminated; if the performance has been performed, the party may request restoration to the original status or take other remedial measures according to the performance situation and the nature of the contract, and has the right to request compensation for losses. .

in this case, while fitness coach xiao zhang was working, he sold stretching and repair courses to xiao fang in the name of the gym. this was a matter within his scope of authority and constituted a professional agent. after xiao fang paid xiao zhang, a service contract relationship was formed between xiao fang and the gym. . now that the gym refuses to provide services and the purpose of the contract cannot be achieved, xiaofang has the right to terminate the contract. after the contract is terminated, the gym should refund the remaining course fees to xiaofang.

i would like to remind you that in practice, in order to expand sales, gyms often adopt a business model where the more personal training courses their members purchase, the more discounts they receive. some consumers directly transfer money privately to sales staff and register the courses they purchased under the names of other members. once a salesperson leaves the company or there is other unclear handover, the gym cannot find out the course purchased by the consumer and refuses to provide services, which will lead to legal disputes. therefore, when consumers purchase services from gyms, they should try to choose formal payment channels and pay directly to the gym. gyms should also strengthen the management of their sales staff. if there are illegal operations, the gym cannot refuse to provide services on the grounds that consumers have private transactions with sales staff.

favorite personal trainer quits

what should i do if my refund is refused?

xiao zhao was promoted by coach feng of the gym and purchased 10 private training classes for 4,000 yuan. it was agreed that coach feng would provide personal training services for xiao zhao. after only taking 6 classes, coach feng resigned and could no longer provide services. xiao zhao bought the class because he was interested in coach feng's level, so he asked the gym for a refund, but the gym disagreed. in desperation, xiao zhao took the gym to the court on the grounds of a service contract dispute, requesting an order to order the gym to refund the 1,600 yuan balance in the prepaid card.

the gym argued that the gym did not promise xiao zhao to arrange a permanent coach. even if the original coach resigned and the store did not move, it could continue to provide fitness services. the resignation of the original coach did not constitute a breach of contract by the gym, nor did it mean that the purpose of the contract signed by both parties could not be realized.

after trial, the court found that xiao zhao signed a "personal training course purchase agreement" with the gym. the main agreement was that xiao zhao purchased 10 regular courses for 4,000 yuan, and the personal trainer was coach feng. there is a clause in the agreement that stipulates that if the original coach is unable to provide guidance, the gym has the right to arrange for another qualified coach to take his place. it was found that xiao zhao had consumed 6 class hours, and the remaining 4 class hours had not been consumed.

after trial, the court held that the "personal training course purchase agreement" signed by xiao zhao and the gym did not violate the mandatory prohibitive provisions of laws and administrative regulations, and was legal and valid. all parties involved should abide by and perform their contractual obligations. when xiao zhao purchased the personal training course, he designated the fitness coach as coach feng, and has actually been trained by coach feng. the personal training course requires a high degree of personal dependence and trust from the coach, and pays more attention to the consumer's personal experience and effects. for xiao zhao, whether he can designate coach feng as a personal trainer is enough to influence his decision on whether to sign a contract with the gym.

in this case, after coach feng resigned, the gym failed to reach an agreement with xiao zhao on changing the coach. the content of the contract between the two parties has been changed. xiao zhao has the right to request the termination of the contract between both parties and the refund of the remaining class fees. the gym claims that it has the right to change coaches on its own in accordance with the contract, but it does not use special signs such as words, symbols, fonts, etc. that are enough to attract consumers' attention, nor does it explain the corresponding content in accordance with the requirements of consumers, so this item of the gym is the defense opinion shall not be adopted. therefore, the court ruled that the gym should refund xiao zhao’s class fee of 1,600 yuan.

[judge’s statement]

article 496 of the civil code of the people's republic of china stipulates that standard clauses are clauses that are drawn up in advance by the parties for repeated use and are not negotiated with the other party when entering into the contract. if a contract is concluded using standard clauses, the party providing the standard clauses shall determine the rights and obligations between the parties in accordance with the principle of fairness, and use reasonable methods to remind the other party to pay attention to clauses that have a significant interest in the other party such as exempting or reducing its liability, and shall, in accordance with the other party's requirements, explain the provision. if the party providing the standard terms fails to perform its obligation to provide reminders or explanations, causing the other party to fail to pay attention to or understand the terms that have a significant interest in it, the other party may claim that the terms do not become part of the contract. paragraph 4 of article 563 stipulates that if one party delays the performance of its debts or commits other breaches of contract such that the purpose of the contract cannot be achieved, the party may terminate the contract.

in this case, the core purpose of the personal training service agreement signed between xiao zhao and the gym was to exercise under the guidance of a personal trainer. xiao zhao hopes that the personal training course will be taught by coach feng. the contract has strong personal attributes and should not be enforced. now that coach feng has resigned, xiao zhao's purpose of entering into the contract cannot be achieved, so he has the right to terminate the contract. in the personal training service agreement, the gym stipulates that the gym has the right to change personal trainers to facilitate the change of its contractual obligations. this standard clause may be deemed invalid because it excludes the main rights of members.

i would like to remind you that in the service contracts formulated by gyms in advance, there are often format clauses similar to "the gym has the right to replace personal trainers". when signing a contract, the gym should fulfill its obligation to remind consumers of this clause. if consumers have a need for a designated coach, they can clearly stipulate the selected coach in the contract to avoid subsequent legal disputes caused by the coach's resignation.

injured during exercise

what to do if the gym refuses compensation

xiaojing fell from a hanging rope during an aerial yoga class at the gym, causing her shoulder to be dislocated and fractured. however, after the accident, the gym staff only chatted at the front desk, and no one came forward to take care of it. xiaojing had no choice but to call 120 ambulance and take her to the hospital for emergency treatment. xiaojing believed that the gym failed to fulfill its due safety obligations, so she filed a lawsuit with the court and requested that the gym compensate for medical expenses, lost work expenses, nursing expenses, nutrition expenses, and mental damage consolation funds totaling 186,675.49 yuan, and pay disability compensation of 163,036 yuan.

the gym argued that the gym had complete licenses, was operating legally, and had fulfilled its safety and security obligations. as an adult, xiaojing has exercised many times and should have sufficient awareness of the risks of high-altitude yoga and the safety precautions in aerial yoga practice. the gym clearly informed the students that they must wear sportswear during aerial yoga practice. photography is prohibited and they must not let go. however, xiaojing did not wear gloves or sportswear. when she had just learned the new movements and was not yet proficient, she took advantage of the instructor to teach other people. when a student took photos without authorization, his hand slipped and he fell. he was seriously at fault for his own injury. the gym is willing to compensate xiaojing accordingly in a humanitarian and friendly negotiation manner.

after trial, the court found that xiaojing was a paid yoga course student at the gym and purchased 100 yoga courses worth 4,000 yuan. after questioning by the court, both parties confirmed that the incident happened as follows: during class, xiao jing was on the yoga rope, and the coach assisted xiao jing in doing movements on the yoga rope. at that time, there was one coach and two members assisting xiao jing in doing the movements, and then the coach after leaving to tutor other students, xiaojing asked another student to take a photo and fell and was injured. after being injured, xiaojing sought medical treatment through the 120 ambulance. during the lawsuit, the court entrusted a judicial appraisal agency to conduct a forensic appraisal. the appraisal opinion was that xiaojing's left shoulder joint dislocation and greater tubercle fracture of the humerus caused partial limitation of the left shoulder joint's movement function. it was a tenth-level disability, and its disability compensation index was 10%.

after hearing, the court held that the gym, as the obligor of safety guarantee, in the yoga class it ran, when the student xiao jing had not yet safely descended from the high-altitude rope yoga, the instructor turned around to tutor other students. this behavior itself has it is sufficient to determine that it has failed to fulfill its safety guarantee obligations. at the same time, as an adult, xiaojing found other students to take photos without the permission of the coach while doing the dangerous exercise. she was also obviously at fault for the fall injury. the gym’s tort liability should be reduced, taking comprehensive considerations into account. the degree of fault will be reduced by 30%. therefore, it was judged that the gym should bear 70% of the responsibility, and the medical expenses, nursing expenses, nutrition expenses, and disability compensation totaled 125,512.37 yuan; the mental damage consolation fund was determined to be 5,000 yuan; xiaojing claimed for lost work pay, but she did not submit proof. not supported.

[judge’s statement]

article 1198 of the civil code of the people's republic of china stipulates that operators and managers of hotels, shopping malls, banks, stations, airports, sports venues, entertainment venues and other business places, public places or mass activities organizers who fail to fulfill their safety obligations and cause damage to others shall bear tort liability. article 1173 stipulates that if the infringed party is at fault for the occurrence or expansion of the same damage, the liability of the tortfeasor may be reduced.

in this case, when the gym instructor was instructing xiao jing in high-altitude yoga, he turned to tutor other students and failed to fulfill his safety guarantee obligations. xiao jing fell and was injured, and the gym should bear tort liability. at the same time, xiaojing found other students to take photos during high-altitude yoga, and was also at fault for the injury, thus reducing the gym's responsibility.

we would like to remind you that there are certain dangers in exercising in the gym. you should be more aware of safety and be responsible for your own safety when it comes to dangerous movements such as aerial yoga. as a venue operator and manager, gyms have safety obligations and should provide enhanced assistance for dangerous movements to avoid accidental injuries and legal disputes.