Gym term length agreement changed after signing, can I get my money back?

[jef123]

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

You sign a gym membership where you are under the impression that the length of the membership is at a certain length. You sign the contract believing it was a certain length because you wrote it on there yourself in the blank that It was that length. Leaving that day you believed you had signed a contract to that term. Now you try to cancel your membership after that period is up, with the agreed upon 30 day notice of cancellation. The owner tells you that the membership was for a length considerably longer then what you have agreed on. He also writes over the length that I had put onto the contract. She never even says hey I noticed that you put down for this length but we only do this length is that ok with you. They continue to charge you monthly, would there be any legal grounds for you to get your money back. Also is it legal to change the length of a contract for which a client has agreed to pay you? She said that just because I wrote down for a certain length it doesnt matter that she wrote over it and is continuing to take money out of a bank account because all her clients are contracted for a different length not represented on the contract i signed nor was it ever mentioned. It is a family owned gym.

 

[Zigner]

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

You sign a gym membership where you are under the impression that the length of the membership is at a certain length. You sign the contract believing it was a certain length because you wrote it on there yourself in the blank that It was that length. Leaving that day you believed you had signed a contract to that term. Now you try to cancel your membership after that period is up, with the agreed upon 30 day notice of cancellation. The owner tells you that the membership was for a length considerably longer then what you have agreed on. He also writes over the length that I had put onto the contract. She never even says hey I noticed that you put down for this length but we only do this length is that ok with you. They continue to charge you monthly, would there be any legal grounds for you to get your money back. Also is it legal to change the length of a contract for which a client has agreed to pay you? She said that just because I wrote down for a certain length it doesnt matter that she wrote over it and is continuing to take money out of a bank account because all her clients are contracted for a different length not represented on the contract i signed nor was it ever mentioned. It is a family owned gym.

What term does your copy of the contract show?

 

[jef123]

What term does your copy of the contract show?

Unfortunately I was never given a copy of the contract as for some reason she owns a business but does not have a copying machine. However I went and stopped by and took a of photo the contract because when she said she emailed me there was no contract. But you can clearly see the length agreement I thought I signed up for was written over with a different number.

 

[Zigner]

Unfortunately I was never given a copy of the contract as for some reason she owns a business but does not have a copying machine. However I went and stopped by and took a of photo the contract because when she said she emailed me there was no contract. But you can clearly see the length agreement I thought I signed up for was written over with a different number.

I would have stopped paying upon the expiration of the proper notice. You continued to pay, which could imply that you agreed to continue. At this point, I'd stop making monthly payments, but not be too hopeful about recovering prior payments made.

 

[jef123]

I would have stopped paying upon the expiration of the proper notice. You continued to pay, which could imply that you agreed to continue. At this point, I'd stop making monthly payments, but not be too hopeful about recovering prior payments made.

Others did that and their account was sent to collections. I was dealing with personal health issues at the time had not had the money for a lawyer and then when things got really bad I had forgotten about the situation as I was dealing with alot. I even tried cancelling at the end of the membership which I thought was contractually binding. I didn't realize you could withhold information and then let someone believe they were signing a contract for one thing and then change the term of the contract I had agreed upon and enroll me in something different and then fail to notify me to something that we would both agree upon. Wouldn't the contract be considered illegal or fraudulent. If I was in better health and able to get a lawyer I would have immediately done so.