Our solicitor, Mr Lam Ching Man, accepts -Cable and TVB interviews and analyses the risks of signing a consent form.
Physical Fitness Re-opening Storm
The recent reopening of the Wan Chai branch of Physical Fitness under the new name ‘Healthy’ has aroused the concerns and worries of many Physical Fitness customers. According to the latest interviews, solicitor Mr Lam Ching Man has reminded consumers to be extra cautious before signing the consent form of the new company as the terms and conditions of the consent form may affect their original contractual obligations with Physical Fitness.
Expertise from Mr Roger Lam
Mr Lam Ching Man is a former Customs and Excise Inspector. In the interviews, he pointed out that the wording of the consent form, including ‘this is not an offer’ and ‘Healthy is under no obligation to provide replacement services for the remaining services of Physical Fitness’, meant that the new company had absolute discretion to decide whether or not to honour Physical Fitness's contractual obligations to its customers.
Mr Lam explained, ‘Once the new company's arrangement is different from what the old operator originally promised to provide, the customer will theoretically have to accept it. Moreover, according to the design of the document, the customer is required to take the initiative to apply for the replacement of the old company by the new one. Therefore, once the document is signed, the original trader will have the opportunity to use the document to try to dispute the original contractual obligations between the customer and the original trader’.
Concise Explanation of Relevant Legal Concepts
There are several important legal concepts involved in this case:
Offer and Undertaking: An offer is a specific offer by one party which, when accepted by the other party, constitutes a contract. The statement in the consent form that ‘this is not an offer’ means that the new company may not necessarily honour the promise of comfort.
Discretion: This means that the new company has the right to decide whether or not to fulfil certain obligations based on its own judgement, which is clearly stated in the consent form.
Contractual Obligations: This refers to the obligations and liabilities committed to by both parties in the contract. The signing of the consent form may affect the allocation of obligations in the original contract.
Conclusion
The re-opening of the Wanchai branch of Physical Fitness under the name of ‘Healthy’ has aroused a lot of consumers' concern. Our firm's partner Mr Lam Ching Man reminds everyone to be extra cautious before signing the consent form of the new company. Our law firm provides professional legal advice and support to help consumers protect their legal rights.
If you have any questions or need legal advice on this situation, please do not hesitate to contact our law firm. Our professional team will endeavour to assist you and ensure that your rights are not compromised.
