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Gold's Gym Membership

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Rhody9

Junior Member
Idaho

I went to Gold's Gym in Sandy, Utah October 2008 to get a gym membership. I was in the area for the winter to work, and was planning on moving back to my home in North Idaho after the snow had gone. I was sure to mention to the woman helping me get a membership that I was in the area for the winter, so a month to month membership would be right for me. She said that was perfectly fine and proceeded with my membership. I used the gym one time, the day I signed up. In April 2009 I went to the store to cancel my membership as it was time for me to head back up north. Mind you, there is no Gold's Gym where I live now. I continued to get charged during May and June when I contacted my bank, Wells Fargo, and asked them where my money was going. There it was, 39.95 from a weird sounding name, definitely not Gold's Gym, but sure enough when my banker called the number it was an affiliate of Gold's Gym. After many phone calls with my bank and with different Gold's Gym offices I had gotten nowhere. My bank offered to fight it for me but said it would take a few months and chances were it wouldnt work out, so i paid what was owed and closed my bank account, hoping that my many phone calls and requests for cancellation would be heard when there was no account to take the money from. on August 1st, 2009 I got a call from a collections agency saying that I was passed due on my gym membership, and that a couple fines had encored. I made it clear that I had canceled my membership in April and that I should not be getting charged anymore. The woman on the phone informed me that I signed a two year contract and in order to cancel I was to pay an extra $100 dollars just to cancel. Now I am considering a small claims suit against them and here is where my question comes in. I do not have a copy of my contract and I'm not sure I was ever given one, but I do know that had I been informed that I was signing a two year contract I would never have entered that contract because I was only in the area for a few months. This business has been more than shady while trying to contact them and absolutely no help with my situation. Do I have a case whatsoever without my original copy of the contract signed last year? I have found so many complaints online about the same exact situation I'm in. Thank you for reading. Any advice would be very much apreciated. Thanks
 


JETX

Senior Member
hoping that my many phone calls and requests for cancellation would be heard when there was no account to take the money from.
Verbal 'notices' cannot cancel a written contract.

on August 1st, 2009 I got a call from a collections agency saying that I was passed due on my gym membership, and that a couple fines had encored. I made it clear that I had canceled my membership in April and that I should not be getting charged anymore.
See above.

The woman on the phone informed me that I signed a two year contract and in order to cancel I was to pay an extra $100 dollars just to cancel. Now I am considering a small claims suit against them and here is where my question comes in. I do not have a copy of my contract and I'm not sure I was ever given one, but I do know that had I been informed that I was signing a two year contract I would never have entered that contract because I was only in the area for a few months. This business has been more than shady while trying to contact them and absolutely no help with my situation. Do I have a case whatsoever without my original copy of the contract signed last year?
You can certainly file a lawsuit then, using the filing, subpoena a copy of your contract. However, once you see that you did in fact sign for a two year 'deal', you will lose your lawsuit. Your confusion, or even their deception, on the length of the WRITTEN contract is your 'fault'. You should have made sure that you read and understood your contract BEFORE you signed it.
 

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