Gym Membership Contract

[dolcegia]

What is the name of your state (only U.S. law)? California

I signed a month to month membership with a gym on 9/5/12, I got a complimentary trainer session with that, which I decided to use on 9/9/12, I ended up signing an agreement with the personal trainer for 6 months worth $1310.00, I don't know how that happened but I felt very stupid for doing that. I read the agreement closely and found out that I was able to cancel the contract, it stated that: "I (the buyer) may cancel the agreement at any time prior to midnight of the 5th business day of the club after the date of this agreement" I mailed a certified (postmarked), return receipt requested cancelation letter on 9/13/12 to the address provided, as specified in the agreement. I checked the status of the letter online, and it showed that they recieved it on 9/17/12, but I'm afraid it arrived too late. I recieved a cancellation confirmation email of the contract on 9/19/12, but today 9/23/12 they charged my account. I want to know if my cancellation letter is valid, since it was certified? Thank you in advance for your help!

 

[sandyclaus]

What is the name of your state (only U.S. law)? California

I signed a month to month membership with a gym on 9/5/12, I got a complimentary trainer session with that, which I decided to use on 9/9/12, I ended up signing an agreement with the personal trainer for 6 months worth $1310.00, I don't know how that happened but I felt very stupid for doing that. I read the agreement closely and found out that I was able to cancel the contract, it stated that: "I (the buyer) may cancel the agreement at any time prior to midnight of the 5th business day of the club after the date of this agreement" I mailed a certified (postmarked), return receipt requested cancelation letter on 9/13/12 to the address provided, as specified in the agreement. I checked the status of the letter online, and it showed that they recieved it on 9/17/12, but I'm afraid it arrived too late. I recieved a cancellation confirmation email of the contract on 9/19/12, but today 9/23/12 they charged my account. I want to know if my cancellation letter is valid, since it was certified? Thank you in advance for your help!

I don't think so. I think you'll find that the gym is going to hold you to the RECEIVED date, or at least the first attempted delivery date. They may have allowed the cancellation, but not until the following month, meaning you would have had to pay for the current month anyway.

 

[justalayman]

Unless they limited the rescission to be received in hand by the specified date, the posting or mailbox rule should apply. That means the rescission is effective when the USPS accepts the letter.

 

[dolcegia]

Thank you both for your answers. At this point paying for 1 month would be good news for me but I'm afraid that I might be paying for the entire amount