A legal question re L2 Social Club change!

[saintspremiers]

From the barks4eva's post, re the membership rollover:

Is the following adjustment (ie. forced Social Club membership) legal in respect to an easy payment plan and automatic rollover?

Can you send out a notice with a significant policy change
and have it as OPT OUT rather than OPT BACK IN ??

Easy payment plans can be rolled over AFAIK no probs if there is a price increase, but this is far, far more than that - it's a structural change.

Any Legal Eagles here that can verify this is all above board?

If not, the club may have some issues if challenged.

Thanks!

Dear ****,

Saints Easy Payment Plan makes being a St.Kilda Member simple, providing automatic renewal annually without any effort required on your behalf.

As a St.Kilda Member utilizing Saints Easy Payment Plan in 2008, your St.Kilda Membership and additional products are set to automatically rollover and renew for the 2009 season.

IMPORTANT CHANGES TO GOLD SEAT MEMBER IN 2009

Every year the club turns away over 500 members seeking to upgrade to the "best seats in the house" on level 2. In 2009 all level 2 Reserved Seat holders MUST hold a St Kilda Social Club membership. This upgrade will provide you with a guaranteed ticket to the AFL Grand Final, should we make it.

Due to the high demand for these premium seats, we have taken the liberty of adjusting your 2009 membership fee accordingly (see below)

OPting out
If you do not wish to continue with the Saints Easy Payment Plan you will be required to 'opt out' by Friday Nov 28th.

[Go Sainters Go]

Simple, I would have thought.
I you don't like the changes, you simply opt out by the 28th Nov.

[saintspremiers]

Simple, I would have thought.
I you don't like the changes, you simply opt out by the 28th Nov.

No question about that one, but you totally missed my point.

[JeffDunne]

Since I don't use the service I'm not aware of it's terms & conditions but I'd be surprised if it's too different to most direct debit agreements and there wouldn'y by any problems with what the club have done.

[bozza1980]

Legally, I'm pretty sure, they can change their terms and conditions to whatever they like each year.

At the end of the day what they offered in 2008 has no bearing on what they must offer in 2009.

Luckily I have been purchasing a social club membership the last 5 years and am not feeling the brunt of this change. It is unfortunate that a business decision by the club can leave so many people feeling so unhappy with the club.

[spidoir]

haven't seen the terms & conditions. but i'd say theres a fair chance the club would be saying you have agreed by acquiescence to the contract. this would be dependent on them being able to show you had knowledge of the change, or at least reasonable notice and then, by your conduct, agreed to enter into the contract.

[ctqs]

I don't know for certain but I reckon it wouldn't be too different to an insurance policy which rolls over from one year to the next, despite changes to its terms and conditions (and prices!), if you decide not to opt out.