Gym contract breach and cancellation

This is a discussion on Gym contract breach and cancellation within the Business Contracts & Partnerships forum, part of the BUSINESS & FINANCE LAW category; I am trying to cancel my personal training contract w/my gym (which I just cancelled my membership with) but they ...

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Old Dec 10th, 2007, 02:57 PM   #1
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Default Gym contract breach and cancellation

I am trying to cancel my personal training contract w/my gym (which I just cancelled my membership with) but they are giving me a REALLY HARD TIME. I signed up for a yr and during the 3 1/2 months I trained I had 12 sessions cancelled on me w/no prior notice (being I showed up to the gym and my trainer wasn't there and at time no one was available to take me) or less than 24hrs - when the contract says I need to cancel 24hrs in advance or I'll be charged. Shouldn't it go both ways? I get charged for sessions I never had?!?!

Well the contract said to bring in a medical physician note or proof of change of address (which were in the process of looking for a house) with a letter. I brought in the dr note and letter and they tell me they can't accept a chiropractor as not everyone considers them a dr. So the general mgr proceeds to tell me to go to an orthopedic and have them right a note. I had my chiropractor write me a note because I have chronic neck and back pain from a MVA a few yrs ago. How can I go see a dr. just for a note?

My husband has a legal plan @ work that we get free legal help from participating lawyers. The guy he picks is a complete idiot. He writes the gym a letter (that looked like a grammar school student wrote) sends it to the gym. No word from the gym for over a month (sent 10/30). Check credit card today, they charged me again!! I haven't trained since 10/5. Call the lawyer he tells me "I thought you were going to cancel your credit card?" "well cancel you credit card and see what happens" thanks that helps. So I cancelled my card sent a certified letter cancelling my membership, in the process of more legal counseling.

My husband is worried now that since I cancelled my credit card they're going to start billing the house and then send it to collections.

Any advice?
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Old Dec 11th, 2007, 04:31 PM   #2
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Default Re: Gym contract breach and cancellation

Based on what you say here, you could file suit against them (or at least threaten to do so) in small claims court or in regular court; filing in small claims court is easier and requires no attorney...you could try to collect all of the costs and damages that you suffered due to their behavior... You may also report them to your state attorney general's office.
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