Can fitness club's contract do this?

[celius]

I joined a fitness club few years back in oklahoma, used the facilities for few months and due to a career change I have now moved to California. The fitness club is now considering me breaking the contract and have lawyers contacted me that I owe them debt. I am no longer using their facilities or services, can they considered this case as I am responsible for such liability? I mean I am obliged to pay for services that I did not received because I sign the contract to join the club?

 

[I AM ALWAYS LIABLE]

My response:

Yes, absolutely.

You buy a car from General Motors. You buy it on a 5 year payoff contract. You only use the car for 1 year. Do you believe that you don't owe G.M. for the other 4 years left on the contract ?

IAAL

 

[HumorMe!]

Check your copy of the contract (you did retain a copy, correct?) for a distance/out clause. Many gym memberships will offer you an out if you move X amount of miles from the nearest affiliated gym. If yours does, and you are with in the alloted distance, I would suggest paying and resuming your excercise habits.

hm

10 Bizarre Excuses Given to Policemen


1. I don't even have a driver's license, so why do I have to obey the traffic laws?

2. It's the car's fault-I can't control it anymore

3. I'm almost out of gas and I was rushing to get to a gas station the tank runs dry

4. This isn't even my car. How was I supposed to know how fast it was going?

5. I sometimes drive this fast just to meet policemen.

6. I'm being chased by UFOs.

7. I was just trying to get these books back before they're overdue at the library.

8. The car runs so well that 70 mph only seems like 40.

9. My wife kept yelling, "Faster, faster-we're going to be late!" give her the ticket

10. Mel Gibson always drives like that in the movies.

 

[I AM ALWAYS LIABLE]

My response:

Well, son of a gun !

HumorMe just might have a very good point. I located a typical "move-away" clause in a Fitness Club (ficticious name) contract. See if something like this exists in your written contract. Now, if only GM had such clauses in their contracts . . .


QUESTION:

I purchased a prepaid membership, which is still active and I am now being permanently transferred out of state. What can I do with my agreement?


ANSWER:

There are a couple of options available for you:

If you are being transferred to a state where Fitness Club is proud to have clubs, your Club membership will be honored. You don't have to do anything other than present your membership card, ID and work-out towel at the front desk, to begin your workout.
If you were transferred to an area that does not have a Fitness Club (yet), then you would qualify for an "Out Of Area" refund. To receive your refund, we require proof of your move (i.e. copy of new lease agreement, copy of new Drivers License or copy of a utility bill). This information must be submitted to the Corporate Administrative Center [Fitness Club, Attn: Member Relations, P.O. Box &*&(_)(&^^%, Anytown, USA 11111] with your request for refund. Your refund will be processed and mailed to your new address. Please note these rules apply to all agreements purchased in California. Please refer to the reverse portion of your agreement if your membership was purchased in another state. A cancellation fee may apply.


Way to go HumorMe ! Thanks for helping me keep on my toes. You know, I probably would have mentioned this to our writer if I belonged to a Fitness Club. But, I don't, and didn't realize before this that some companies actually put "escape" clauses in their contracts. You learn something new everyday !

Maybe that's why I'm such a fat, ugly, slob - - I could really use one of the gymnasiums. One, Two, One, Two, One, Two . . . wow, these finger exercises are tough !

Thanks again, HumorMe !

IAAL

 

[HumorMe!]

Praise from IAAL? I might as well be getting paid for posting here! WHEE! LOL

I know about the moving clause because I keep finding these awful ones that seem to think 30 miles away is close enough... Yeah right. Anybody ever heard of traffic?

I'd like to join a gym, I just don't want to be stuck paying for 6 months of work outs for 3 years!

hm

P.S. Not that Celius has said anything to this affect, but I know of a case where an individual was able to get out of his gym contract because he had signed it just before turning 18.

 

[LegalBeagle]

I could really use one of the gymnasiums. One, Two, One, Two, One, Two . . . wow, these finger exercises are tough !

I am not sure I want to know what you are doing pal!

 

[I AM ALWAYS LIABLE]

Praise from IAAL? I might as well be getting paid for posting here! WHEE! LOL

I know about the moving clause because I keep finding these awful ones that seem to think 30 miles away is close enough... Yeah right. Anybody ever heard of traffic?

I'd like to join a gym, I just don't want to be stuck paying for 6 months of work outs for 3 years!

hm

P.S. Not that Celius has said anything to this affect, but I know of a case where an individual was able to get out of his gym contract because he had signed it just before turning 18.

My response:

Credit, acknowledgment, praise and thanks, where "credit, acknowledgment, praise and thanks" are due.

Concerning minors disaffirming their contracts, a lot of that goes on. If a merchant is dumb enough to do business with a minor, then that merchant could be out of luck. If you want to read more about minors' rights to disaffirm contracts, click on this :

http://www.lamission.cc.ca.us/law/bus1su99/chp15out.htm

Thanks again, HumorMe.

IAAL

 

[Ladybugg]

For IAAL

"Maybe that's why I'm such a fat, ugly, slob - - I could really use one of the gymnasiums"

I think I love thee

 

[HumorMe!]

Ah IAAL, another admirer! The line is getting longer and longer... Soon, we'll just all be a blur of user names and you won't be able to tell most of us apart...

hm

 

[I AM ALWAYS LIABLE]

My response:

Aw, shucks.

You fine, lovely, ladies all know that I really do adore all of you. You know exactly how to tug at my heartstrings, don't you ? When it comes to women, my heart melts.

Thanks Ladybug, and to you too HumorMe!

Okay, group hug time . . .

IAAL

 

[Ladybugg]

Here ya go

((((((((HumorMe, IAAL, whoever else wants a piece of this action)))))))))


mmmmmm that was nice )

Thanks!!