Should Physical’s existing customers sign the consent offered by HEALTHY?

Q: As an existing customer of Physical Fitness, I’m aware that HEALTHY claims to provide existing Physical customers with their remaining services including the gym card, personal training sessions and beauty service. However, staff members have requested that I must sign a “Consent to Apply for Provision of Remaining Services in Replacement of Physical” first. Should I sign it?

A: As far as we can see, the terms and conditions of the said “consent” are unclear, with the following specifics missing:

1. The name of the company operating “HEALTHY”, hence, consumers are unable to ascertain the background information, qualifications and status of the operator;
2. Provision of the terms of the “Standard form of Customer Agreement / PT Agreement” and the “Operating Rules and Regulations”. Meanwhile, the consent states that “HEALTHY reserves the right to make the final decision on the date/time arrangements of personal trainers and session”, while also pointing out that HEALTHY “has no obligation to provide the remaining services to [the consumer] in replacement of [Physical]”, implying that consumers might not necessarily be able to enjoy the original services or service standards in the end.

The “consent” states that if the application is accepted, the consumer shall forthwith enter into HEALTHY’s standard form of Customer Agreement / PT Agreement. Otherwise, the application shall be regarded as withdrawn. Should consumers hastily submit an application, regardless of whether it is accepted, it might affect consumers’ rights against Physical Fitness. Since Physical has not set a deadline for the transferral process, the Consumer Council recommends consumers not to rush into signing the consent, but instead take a bit more time to observe and wait for more information from the trader in order to make an informed choice, then consider whether to transfer to HEALTHY to enjoy the remaining services from the original contract. Consumers should also seek legal advice as necessary.