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Cooling of period/ Contract Breach related question CALIFORNIA

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wavybih

Junior Member
I entered a contract for a personal trainer at my local gym on January 31st. The contract stated that I had 5 days to cancel. I bought 2 separate packages. 30 minute sessions and 1 hour sessions package.

I called the gym on Feb 4 (The 4th day) and told them i wanted to cancel the 30 minute sessionsand asked if I should come in. They said the only one who could help me was the manager and to come back on Monday.

February 6, went to the gym and talked ti the manager. He said I couldn't cancel the contract anymore because it was the 6th day. might be moving, so i wouldn't be able to use the services in the future. And I wanted to cancel just in case. I read up on California contracts though, it said that I didn't have to have a reason. He asked me for proof and I told him I couldn't produce proof at the moment. I also told him that I called in and he said he'd see what he could do.


For the 1 hour sessions, I haven't been training at all. Apparently my trainer (that I didn't even choose) was in the hospital. I kept trying to change my trainer but they never did. The manager is straight up ignoring my calls and intentionally not seeing me when I come in. I tried talking to someone above the manager, he ignored me too.


It's really frustrating because it's been 2 weeks and I still can't get an answer or an update.

Is it considered a contract breach since I haven't been getting services? Is the cooling period (5 days stated in the contract and in california law) still in effect because I tried to cancel but they couldn't help me?
 
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adjusterjack

Senior Member
Is it considered a contract breach since I haven't been getting services?
No. You haven't been getting the services because you apparently didn't want the service. You could have insisted on a substitute trainer the moment you found out that your assigned trainer was not available. Instead, you tried to cancel the contract.

Is the cooling period (5 days stated in the contract and in california law) still in effect because I tried to cancel but they couldn't help me?
I doubt it.

I suspect that, if you actually read the contract, you'll find that cancellation requires a certain specific procedure, one that I also suspect you didn't follow and was required regardless of what anybody "told" you that wasn't specified in the contract.

You've learned two things today.

1 - Read and understand contracts that you sign.

2 - "I was told" is the most dangerous phrase in the English language.
 

wavybih

Junior Member
No. You haven't been getting the services because you apparently didn't want the service. You could have insisted on a substitute trainer the moment you found out that your assigned trainer was not available. Instead, you tried to cancel the contract.



I doubt it.

I suspect that, if you actually read the contract, you'll find that cancellation requires a certain specific procedure, one that I also suspect you didn't follow and was required regardless of what anybody "told" you that wasn't specified in the contract.

You've learned two things today.

1 - Read and understand contracts that you sign.

2 - "I was told" is the most dangerous phrase in the English language.
I signed up for 2 training packages.
1 hour ( 3 sessions)
30 minute (10 sessions)

I was supposed to receive the service on Feb 2nd. Trainer didn't show up. Only the manager could change the trainer, refuses to see me. I go in every day.

I'm cancelling the 10 sessions, not 3.

AND, nobody could help me on the weekends. They were not present and the other employees at the gym cannot access my account.
 
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wavybih

Junior Member
What précisely does your contract say regarding cancellation?
It said I had 5 days to cancel the contract. The 4th and 5th day were on the weekends, the managers were not there. I called in on the 4th telling them I was going to cancel, they said only the manager could handle my account and to come in on Monday.

The manager said under California Law, they could not cancel my contract since Monday was the 6th day. I informed them on the 4th day though.
 

justalayman

Senior Member
So that's exactly and only what it said;

You have five days to cancel this contract

Exactly that and nothing more or less?

The law would not prevent them from extending the time period.
 

latigo

Senior Member
I entered a contract for a personal trainer at my local gym on January 31st. The contract stated that I had 5 days to cancel.

I called the gym on Feb 4 (The 4th day) and told them i wanted to cancel and asked if I should come in. They said the only one who could help me was the manager and to come back on Monday.

February 6, went to the gym and talked ti the manager. He said I couldn't cancel the contract anymore because it was the 6th day. might be moving, so i wouldn't be able to use the services in the future. And I wanted to cancel just in case. I read up on California contracts though, it said that I didn't have to have a reason. He asked me for proof and I told him I couldn't produce proof at the moment. I also told him that I called in and he said he'd see what he could do.


I haven't been training at all. Apparently my trainer (that I didn't even choose) was in the hospital. I kept trying to change my trainer but they never did. The manager is straight up ignoring my calls and intentionally not seeing me when I come in. I tried talking to someone above the manager, he ignored me too.


It's really frustrating because it's been 2 weeks and I still can't get an answer or an update.

Is it considered a contract breach since I haven't been getting services? Is the cooling period (5 days stated in the contract and in california law) still in effect because I tried to cancel but they couldn't help me?
You are flip flopping from one theory to another. First you say that the contract was timely cancelled (theory #1) then you ask if the contract is void because the agreed services were not provided (theory No. 2).

You need to be consistent in maintaining that the contract was indeed cancelled. And stop thinking and acting as if you merely "tried to cancel"! Unless the agreement requires written notice your telephone call on February 4th was adequate notification. But you can't maintain that the contract was cancelled and at the same time raise issues about breach of contract on the part of the gym

My advice is that unless you want to reaffirm the agreement that you cease further communication with these people. You may have already talked your way back into a committal.
 

wavybih

Junior Member
So that's exactly and only what it said;

You have five days to cancel this contract

Exactly that and nothing more or less?

The law would not prevent them from extending the time period.
I understand, but it is on their part for not being able to assist me. If they weren't going to be there in the 5 day span, shouldn't they just say 5 business days?
 

wavybih

Junior Member
You are flip flopping from one theory to another. First you say that the contract was timely cancelled (theory #1) then you ask if the contract is void because the agreed services were not provided (theory No. 2).

You need to be consistent in maintaining that the contract was indeed cancelled. And stop thinking and acting as if you merely "tried to cancel"! Unless the agreement requires written notice your telephone call on February 4th was adequate notification. But you can't maintain that the contract was cancelled and at the same time raise issues about breach of contract on the part of the gym

My advice is that unless you want to reaffirm the agreement that you cease further communication with these people. You may have already talked your way back into a committal.
I should have explained better, my apologies

I signed up for 2 training packages.
1 hour ( 3 sessions)
30 minute (10 sessions)

I was supposed to receive the service on Feb 2nd (3 sessions). Trainer didn't show up. Only the manager could change the trainer, refuses to see me. I go in every day.

I'm cancelling the 10 sessions, not 3 sessions.

AND, nobody could help me on the weekends. They were not present and the other employees at the gym cannot access my account.
 

justalayman

Senior Member
I understand, but it is on their part for not being able to assist me. If they weren't going to be there in the 5 day span, shouldn't they just say 5 business days?
If that is all and exactly what the contract says tell them you pick feb 20, mar 1, apr1, may 1, and jun 1 as your five days.

I really suspect the contract says something more than you have provided.
 

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