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Cancelling Gym Membership, Broken Promises...

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diezelmom

Junior Member
What is the name of your state?What is the name of your state? Utah

In Sept, 2004 I signed a two year contract for a gym membership. They were promoting a new facility that was projected to be finished in January, 2005. This was the primary reason why I signed the contract, because the facility was within eyesight of my home and was promised to have state of the art equipment, Olympic swimming pools, raquet ball courts and other ammenities not available at the current facility. It was also promised to be the nicest gym in town.

As January came and went, the new facility was promised to be completed in summer--but as summer came and went--the new facility was promised to be completed in fall. Promises aside, no actual progress has been made toward the completion of the (mythical) new facility. I also learned that these promises had been made to dozens (if not hundreds of gym members) and continued, for nearly a year before I signed my contract.

In April I began a frustrating process of attempting to cancel my contract. After being told that my contract had been canceled, the gym continued to withdraw money from my checking account. After another bout at attempting to cancel my contract, I was told that I can not cancel my two year contract.

I am wondering if I can, indeed, sue to cancel my contract? Also, can I sue for the full contract amount (a refund of what I have paid, as well as what I am forced to continue to pay)?
 
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shortbus

Member
Yes, you can claim against them for misrepresentation if you signed up based on the promise of a new facility that never materialized. You would be entitled to a refund starting when the facility would've been ready (Jan 2005). You would not be entitled to a refund from Sept-Jan because no facility was promised to be ready during that time.
 

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