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Gym Membership Scam! Please Help!

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scaredlady2003

Guest
What is the name of your state? fl

Last year I joined a gym for a two year contract with the promise from the salesman that I could cancel if I moved 25 miles away from the gym. I ended up moving 60 miles away from this gym, and upon recieving my letter requesting cancellation, they claimed that I could not because one of their affiliate gyms was within 25 miles of my home. Well, I signed the contract at Southside Gym in Sarasota. I moved to Tampa and there are no Southside gyms.
But it seems the collection agency has Southside under the same umbrella with Golds and Shapes. When the contract is signed, there is no mention of Golds and Shapes, but when u call the gym to ask about this problem (and about the salesman blatantly lying in my face) you are instantly rerouted to these same collection agency a-holes.
I have requested a copy of my contract from them that they refuse to send, and the calls get more threatening every week. Their method effectively eliminates the gym itself for being at fault yet they are the ones signing u up. Is anyone out there to help the consumer in this case short of hiring a lawyer?
 


drago

Member
See if Golds or Shapes will honor your membership. If Southside is scamming you and your membership is not transferable then you may have an out. (Get rejections in writing if possible or a least company policy, or at very least names.)

Thinking to myself; "why don't people insist on copies of contracts
and guard them like they are money?"
 

JETX

Senior Member
In Florida, a health club contract is required to contain the following consumer protections:
* It must allow for the contract to be canceled within three business days, excluding weekends and legal holidays. The member must give notice in writing, either mailed or hand-delivered within three days of signing the contract.

* The contract must have a provision for the cancellation and refund of the contract if the studio goes out of business, or moves its facilities more than 5 driving miles from the business location designated in such contract and fails to provide, within 30 days, a facility of equal quality located within 5 driving miles of the business location designated in the contract at no additional cost to the member.

* The contract must have a provision that if the studio goes out of business, or if the location is moved more than five driving miles from the present location, it will provide an alternate facility at no additional cost to the member. Otherwise, consumers have the right to cancel the contract. (A studio is considered to be closed if it closes for more than seven consecutive days, or for more than two periods of seven consecutive days in any calendar year.)

* The contract must also have a provision that if a member dies or becomes physically unable to use the facilities, a contract can be canceled and a refund issued for the unused time.

* The contract may not obligate the consumer for a period longer than three years, although it may provide for annual renewal.

* If the health studio is not required to post bond, the contract must include a disclosure statement advising the buyer of that fact and of the risks of paying for more than 1 month in advance.

* A provision advising the buyer to contact the Department for information within 60 days should the studio go out of business.
(The above is all included in Florida Statute 501.017 which can be found at:
http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0501/ch0501.htm/)

You will notice that all the above restrictions are on THEM closing or relocating. There is NO provision for them to have to provide relief for YOUR moving.
Therefore, there offering an alternatie to you is simply a good marketing option that you should consider accepting. And even if they were obligated, they did provide a suitable 'replacement'. You are being unreasonable in your expectation that they should 'fix' a problem that you created.

"I have requested a copy of my contract from them that they refuse to send"
*** When was the last time that you requested this contract in WRITING with proof of delivery???
 
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