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Marketing Watch 8.7.07 As LC has been censured by the Office of Fair Trading for unfair terms of membership one might have hoped the company would make special efforts in this area. But the latest marketing campaign for Harpers is not compliant with the spirit of the OFT's Guidance on Unfair Terms in Health and Fitness Club Agreements, published in 2002. The OFT' Guidance says in Section 9 and understand terms 9.1 Terms binding members to unseen obligations are likely to be considered unfair by OFT. Contractual fairness requires that members should always have an opportunity to read and understand terms before becoming bound by them.18.3 Terms are, in general, less likely to be unfair if the member has been given a full opportunity to examine them in advance of signing the contract. To meet this requirement, efforts should be made to draw the member’s attention to, and to explain, those provisions which are of particular importance. The web page promoting the Harpers 7 days for £7 introductory offer states that "terms and conditions apply" but chooses not to list these. Many people might prefer to be sure of what they are signing up for by reading the legal implications at home before committing to the deal, which requires "that on your first visit we give you a tour of the centre, so we can show you what we have to offer". http://www.leisureconnection.co.uk/content/1/39/membership.html In May of this year there was another special offer at Vale Farm. Twice I asked to see something in print and was told that the first step was to meet with a member of staff. It seems to me that LC are using salesmanship rather than giving people a chance to study in advance what is on offer and any contractual ramifications. The earlier special offer was "life membership" of the gym. I am still unsure how a company with a limited contract is able to offer membership that might last several decades. PB
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