Contract Question

[dooley6985]

Does a contract supersede the laws of your state?

 

[ecmst12]

In what way? A contract can't CONTRADICT the law, but if the law is silent on an issue, the contract can regulate it.

 

[dooley6985]

In what way? A contract can't CONTRADICT the law, but if the law is silent on an issue, the contract can regulate it.

No my state law is not silent on this issue. The contract is adding to the wording of my state's laws. The words they are using are more constrictive than the state law on the issue. So which do I go by? The words of the contract or state law? Which will hold up in court?

 

[tranquility]

The question cannot be answered in the abstract. It must be more specific. Including the state.

For instance, a contract cannot allow for a rental deposit greater than allowed by law. However, you can contract to limit your rights of free speech under the constitution.

 

[Zigner]

A contract can also change the Statute of Limitations...

 

[dooley6985]

I live in the state of California. I am trying to cancel my gym membership due to a legit back injury. The contract states that I can only cancel for permanent disability. California Civil code 1812.89 states

"Every contract for health studio services shall
contain a clause providing that if, by reason of death or disability,
the person agreeing to receive services is unable to receive all
services for which he has contracted,"

"For the purposes of this section, "disability" means a
condition which precludes the buyer from physically using the
facilities and the condition is verified by a physician."

I went to the doctors yesterday. I have a not from him. I dont think that I am going to be disabled for the rest of my life. I am just not able to use the gym in due to my back injury. I dont know when my back will be in better shape so I can use the facility. They are claiming to get out of a 1yr contract I have to be disabled for the rest of my life. Is that legal?

 

[tranquility]

While I don't know of specific case law, this does not seem to be a contract which superseedes the statute.

 

[dooley6985]

I am just wondering how legal that is to say someone has to be permantly disabled to get out of a 1yr contract. They said my doctors note has to say that I am permantly disabled.

 

[tranquility]

Show them and then send them CRR a letter listing the statute. Then, if they sue over the amount, you can have an argument about malicious prosecution.

 

[dooley6985]

what is a CRR letter?

 

[tranquility]

Certified, return receipt.

 

[dooley6985]

When I talked to the people who handle the billing for this gym last week they said I could only cancel the contract if I am permantly disabled. They said it states that in my contract. Then I asked for a copy of said contract because I never got a copy of it after I signed it. They said I need to go get one from the gym. I then asked them how do they know whats in my contract if they dont have a copy. They said they dont know. WTF

 

[ecmst12]

Sounds like you talked to a moron. You need to send a WRITTEN request to cancel under the law you described.