Gym Membership

[tammiem]

What is the name of your state? TEXAS.
I need real legal advice here. I have a gym membership. The gym has changed their operations significantly - they removed the basketball court, and now have a baseball hitting facility in it's place. They did not contact any members about the changes. I pleasantly asked the gym to cancel my membership because of the changes they have made. I enjoyed basketball. They refuse to cancel the membership. To complicate things, they have been sold to new owners. It's the new owners who will not cancel it. Furthermore, there's a billing company (out of state) who apparently owns the contracts. I spoke with them again in person today, apparently there are about 100+ people who are upset about the significant changes and want to cancel their memberships. The gym is acting hardcore and not negotiating. Their contractual language is weak. I'm interested in some advice, I'm ready to move to the next level....sue, contact governmental agencies, and perhaps find a lawyer who's interested in a class-action suit.

To add to the complexity, prior to these significant changes, they sent out a ton of direct mail to encourage people to buy a 2-yr prepay cash membership plan--that's fraud in my opinion, and I still have the direct mail.


Replies appreciated.

 

[shortbus]

I don't see how the direct mail constitutes fraud.

As for your claim, your best argument is breach of implied warranty. You were induced to purchase the membership because of the basketball court and now it's gone.

You need to look carefully in your membership contract if there's any language about the customer waiving express & implied warranties (probably there is) in which case that argument is more difficult.

I'd say it's a weak case. The gym will argue they were upgrading the facilities to suit other members. Not everyone has to like or use every feature of a gym.

 

[tammiem]

reply

1. The baseball hitting field is a sublease that they did secretly; members cannot use it and have to pay additional to use it.

2. The contract doesn't have "contract language" in it - it's hilariously not there. No rights to modify services, sell contracts, anything.

3. The direct mail was sent out (including highlighting the basketball court) during the time that the deal was being closed for the indoor baseball hitting field - the DM encouraged everyone to buy 2 years in advance at a deep discount rate. It's fraud to sell pre-pays for services that you know you have no intention to provide, when there is a sublease negotiation underway.

 

[w98]

Gym membership contracts generally stipulate terms for cancellation. At LA Fitness, I have to give them 60 days written notice. Check your contract for what your terms are, and follow them. If it says you simply need to call them or request cancellation, then you've already done that and they shouldn't be requiring anything else from you. However, if the contract stipulates that you must give them 30 days notice or whatever, then do that, and leave, find a new gym that you'll be happy with.