Legal knowledge of gym quitting private education 1. How to quit gym personal training?
hello
If you want to quit the private class in the gym, it's easier to say if it's because of the gym because you are less likely to do so. It depends on your agreement at that time. Here are a few steps.
First of all, find the agreement you signed when you bought a private education and read it carefully. The point is to cancel the agreement. This is what the gym has to ask you to sign when you buy a personal trainer. In duplicate, each party holds one copy. There are many unfavorable factors to consumption in general contracts, but the overlord clause is invalid. Don't worry.
Second, when you go to the gym, you must find the person in charge. Rather than explain the situation in person, it is better to argue according to reason, but don't be aggressive and pay attention to preserving the evidence. In most cases, it is difficult to complete the refund at this step, but don't worry.
Third, go to the industrial and commercial bureau or call 123 15 to make relevant complaints. It is best to go directly to the industrial and commercial bureau and submit the procedures for purchasing private education. Remember not to provide the original. Under normal circumstances, the industrial and commercial bureau will communicate with the legal person or person in charge of the gym by telephone to arrange a time to solve the problem. If the industrial and commercial bureau fails to solve the problem satisfactorily, you can take the fourth step.
Fourth, the court sued, prepared relevant materials, directly filed a lawsuit with the court and successfully filed a case. Civil cases like this will be summoned for mediation, and most cases can be solved in this step, because the court will also put some pressure on the person in charge of the gym. If not, we have to wait for the trial.
At present, the state's protection of consumers is still very comprehensive. Don't worry about time-consuming litigation. The current process is much better than in previous years. And the cost is not high, the key here is to keep good evidence convincing.
Handmade, I hope it will help you.
2. If I leave the gym, how can I get a refund from the gym?
If the personal trainer leaves the gym, he can negotiate to refund the money to the gym. If negotiation fails, he can file a labor arbitration.
Labor arbitration refers to the arbitration and adjudication of labor disputes applied for arbitration by the labor dispute arbitration committee. In China, labor arbitration is a necessary procedure for the parties to a labor dispute to bring a lawsuit to the people's court. According to the Labor Dispute Mediation and Arbitration Law, the parties who initiate labor arbitration shall submit a written application to the Labor Dispute Arbitration Committee within one year from the date of the labor dispute. Unless the parties are due to force majeure or other legitimate reasons, the Arbitration Commission will not accept the application for arbitration beyond the time limit prescribed by law.
The materials needed for labor arbitration can be divided into three categories: different people need different materials to apply for labor arbitration:
1. If the complainant is an employee, please submit the following materials: (1) labor dispute arbitration appeal registration form; (2) Complaint (explain in detail the reasons and requirements of the complaint in duplicate or fill in according to the number of defendants); (3) the identity certificate and a copy of the complainant; (4) If there is an entrusted agent, a power of attorney shall be signed and submitted in person, indicating the entrusted matters, and a copy of the ID card of the entrusted agent shall be submitted. If the principal's agent is a practicing lawyer sent by a law firm, a copy of the lawyer's practice certificate shall be provided; If the agent of the principal is a citizen, it shall provide the free agency agreement signed with the principal and the legal information on the relationship between the agent and the principal; (5) Information of defendant industrial and commercial registration; (6) Proof of the existence of labor relations between the complainant and the defendant; (Proof materials include: labor contract, temporary residence permit, work permit, factory brand, work card, payroll (single), employment registration form, deposit receipt, and punishment certificate and notice or certificate of dismissal, dismissal or termination of labor relations, etc. When submitting the certification materials, the complainant shall attach one original and one copy, and the original shall be returned after examination; (seven) the list of evidence materials submitted in duplicate;
The second category. If the complainant is involved in a collective dispute, please submit the following materials: In addition to the first-class (1) to (7) materials, the complainant shall recommend three to five employee representatives, and submit the list of employee representatives and the signature form of all employees. Among them, if it is a collective dispute case of unpaid wages, the complainant shall also submit the list of employees who are owed wages by the employer and the balance table of unpaid wages.
Category III: If the complainant is an employer, please submit the following materials: (1) A copy of the defendant's identity certificate; (2) Proof of the existence of labor relations between the complainant and the defendant (the same as Item (6) of the first category); (3) A copy of the business license; (4) the identity certificate of the legal representative; (5) If there is an entrusted agent, submit a copy of the ID card of the entrusted agent in the power of attorney (indicating the entrusted matters); (6) List of documents submitted (in duplicate).
I want to return my new fitness card, but the gym won't return it, so I want to find an administrative or legal way to solve it.
The card can be returned, with reference to the following provisions: According to Article 10 of the Measures for Punishment of Infringement on Consumers' Rights and Interests (Order No.73 of the State Administration for Industry and Commerce), when an operator provides goods or services in advance, it shall clearly agree with consumers on the quantity and quality of the goods or services, the price or expenses, the time limit and method of performance, safety precautions and risk warning, after-sales service, civil liability and other contents.
If the goods or services are not provided in accordance with the agreement, the agreement shall be fulfilled or the advance payment shall be returned according to the requirements of the consumers, and the interest on the advance payment and the reasonable expenses that the consumers must pay shall be borne. If there is no agreement on the refund, the refund amount shall be converted according to the calculation method beneficial to consumers.
If the business operator makes a reasonable request for refund to the consumer, and explicitly indicates that it will not be refunded, or fails to refund for more than 15 days from the agreed effective period, or the consumer makes a request for refund without the agreed time limit, it shall be deemed as deliberate delay or unreasonable refusal.
4. Can I get a refund from the gym?
I have been in a similar situation. I heard that someone once succeeded in paying it back, but it was fierce. Only when I met a more accommodating tie did I succeed.
In this case, you have two other options, which are completely acceptable to them:
1. Change to a coach you recognize.
2. Turning private school tuition fees into membership fees means that you don't want to teach privately and turn all the remaining money into membership fees for next year or even the year after.
There is no legal agreement, but you made an oral agreement at the beginning, and it is difficult to get through. But you can complain about the quality of service and ask for a refund through the Consumers Association, which is trouble. If you know people in the media, it may be useful to scare them with interviews.