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Conract w/ Health Club

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JBabyCoupons

Junior Member
Nevada

I signed up with Las Vegas Athletic Club under a 3-year contract with the understanding from the saleswoman that if I wanted to cancel, there would just be a cancellation fee of $50. Well, 7mths later I moved to a community with a gym and wanted to cancel. I was then informed that I could only cancel if I moved over 50 miles away or had a medical problem. I mentioned the $50 fee I had been told about, and he said that the $50 fee is billed once I supply documents to prove that I have indeed moved over 50 miles away, which I haven't.

So, basically, I can not cancel at ALL, but I have not set foot in their gym in over 8+ months. They wouldn't stop charging my credit card, so I cancelled it and had a new number issued. Then I got bills and phone calls. I answered at first and always explained that I had not been in the club for a long time and do not wish to go back, so there for I do not wish to pay to be a member anymore and all I get is "you have to fulfill your contract." So, I have stopped answering their calls.

Is it really legal to set up a contract with a monthly payment for membership dues and have a "special circumstances only" type policy where the company gets paid even if the customer is no longer actively involved in the agreement and would like to cancel?

I inquired to my chiropractor about her substantiating a "medical problem", and she told me that in her experience, that only puts the contract on pause for a period of months and then they will start imposing charges again.

Can anyone give me some information and possible courses of action? Thanks so much.
 
Last edited:


divgradcurl

Senior Member
Is it really legal to set up a contract with a monthly payment for membership dues and have a "special circumstances only" type policy where the company gets paid even if the customer is no longer actively involved in the agreement and would like to cancel?
Absolutely. A contract is just an economic agreement between two or more parties -- presumably you read the contract, and decided that the limited means of breaking the contract was another part of a fair bargain -- at least, that's how the courts will look at it. I don't mean to be harsh, but if you didn't want to be limited to the contract, or didn't completely understand the methods for getting out of the contract, you shouldn't have signed the contract.

Can anyone give me some information and possible courses of action? Thanks so much.
You really don't have a lot of options. You could move farther away to get beyond the 50-mile limit. Otherwise, you'll need to continue to pay until your contract expires -- if you don't, the health club likely has a pretty good case to sue for your breach of the contract. If you don't pay, that will also likely adversely affect your credit score.

Just a note for the future: anytime you are thinking about locking yourself into a long-term and/or expensive contract, make sure you know ALL of the details, including how to get out of the contract if necessary. And also note that anything said to you prior to or contemporaneous with you signing the contract is NOT part of the contract, period.
 

rickster1185

Junior Member
unbelievable

First of all, although contracts do actually mean something in court they also have some bearings against them.

first off the problem with the contract which you described may be held as a "unreasonable terms" contract because basically what they are saying is that you have to move out of their competitive market in order to get a refund which makes no sense. If they didn't want to give refunds and said no refunds that is perfectly fine. But to say you are allowed a refund as long as you move 50 miles away is the part of which you have a lead on. this is a unreasonable term contract because they will offer you a refund if for you and unreasonable term is met. (moving 50 miles away) I would contact them and tell them they are breaking the nevada state contract law and let them know you have something to take them to court for. If offered a refund then also threaten that you want the 8 months you didn't use the membership before too. if they do not comply i would contact a lawyer asap.

rick
 

You Are Guilty

Senior Member
rickster1185 said:
First of all, although contracts do actually mean something in court they also have some bearings against them.

first off the problem with the contract which you described may be held as a "unreasonable terms" contract because basically what they are saying is that you have to move out of their competitive market in order to get a refund which makes no sense. If they didn't want to give refunds and said no refunds that is perfectly fine. But to say you are allowed a refund as long as you move 50 miles away is the part of which you have a lead on. this is a unreasonable term contract because they will offer you a refund if for you and unreasonable term is met. (moving 50 miles away) I would contact them and tell them they are breaking the nevada state contract law and let them know you have something to take them to court for. If offered a refund then also threaten that you want the 8 months you didn't use the membership before too. if they do not comply i would contact a lawyer asap.
What the hell are you talking about? That termination clause is entirely enforceable. "Unreasonable" contracts, i.e. those against public policy, would be something like "this contract can be terminated if the member kills his sister", since murder tends to be illegal.
 

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