ASA Adjudication on David Lloyd Leisure Ltd
David Lloyd Leisure Ltd
The Hanger
Mosquito Way
Hatfield Business Park
HatfieldHertfordshire
Hertfordshire
AL10 9AX
Date:
15 February 2012
Media:
National press
Sector:
Leisure
Number of complaints:
1
Complaint Ref:
A11-176725
Ad
A press ad, for a gym, stated "WE'RE FREE UNTIL 2012. Join David Lloyd Leisure today and enjoy free membership until 1st January 2012. Who says you have to wait until January 2012 to start your New Year's resolutions? Imagine being able to indulge a little during the festive season. Enjoy a guilt-free Christmas and reap the benefits of your fitness routine. To find out how we can help you, come into club, call 0844 543 9772 or visit davidlloyd.co.uk/guardian". Small print stated "Terms and conditions apply. Facilities, fees, classes and membership contracts may vary by club. Joining fee may be payable when you join. Administration fee will be payable when you join. Free membership available when joining by 13.11.11. For full terms and conditions please visit davidlloyd.co.uk/guardian".
Issue
The complainant, who did not believe the ad made clear the commitment to become a member and pay related fees, in order to take advantage of the "free" offer, challenged whether it was misleading.
CAP Code (Edition 12)
Response
David Lloyd Leisure Ltd (David Lloyd Leisure) said they had 89 clubs across the UK and Europe and that six were fitness clubs, four were fitness and racquet clubs, seven were health and fitness clubs and the remainder were racquet clubs. They said the ad stated "Join David Lloyd Leisure today and enjoy free membership until 1 January 2012" and believed this made clear that readers would have to commit to becoming a member of David Lloyd, in order to take advantage of the offer. They said the offer was conditional on readers taking out a 12- or three-month contract, depending on the club, and that the text "facilities, fees, classes and membership contracts may vary by club" made this clear. They also said the ad made clear that joining and administration fees may be payable and directed readers to their full terms and conditions.
Assessment
Upheld
The ASA noted the ad stated "WE'RE FREE UNTIL 2012. Join David Lloyd Leisure today and enjoy free membership until 1st January 2012". We considered this made clear that readers would have to join a David Lloyd club in order take advantage of the offer. However, we also considered that most readers would understand the claim to mean that no charges would be applicable for them to take advantage of the offer, until 2012. We noted the small print stated "Joining fee may be payable when you join" but considered that this contradicted the claim "WE'RE FREE UNTIL 2012", rather than clarified what elements of the membership were being offered as "free". We also noted from the full terms and conditions that the offer was only available on 12-month contracts at racquets, health & fitness clubs and 3-month contracts at fitness clubs and considered that this was a significant condition that should have been made clear in the ad. While we noted the small print stated "facilities, fees, classes and membership contracts may vary by club" we considered this did not provide sufficient information to enable consumers to make an informed decision about whether to take advantage of the offer. We concluded that the ad was misleading.
The ad breached CAP Code (Edition 12) 3.1 and 3.3 (Misleading advertising) and 3.23 (Free).
Action
The ad must not appear again in its current form. We told David Lloyd to make clear the extent of the commitment consumers must make to take advantage of "free" offers in future.
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