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LA Fitness Cooling Off Period, Never Saw the Contract

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gracenotes

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

Hello, I went to LA Fitness to use a three-day pass yesterday, and I am sorry to say that I was fell for the sale pitch and gave my credit card authorization to get the process started. The sales pitch was full of it, but, my intention was to join this club and, for all purposes, it does have a lot of positives. However, I have some significant problems that need immediate resolution. I take responsibility for my stupidity in not checking out this company more, its history of scamming people, class action suits, etc. What is done is done, and I think there is time to repair all damage.

I fell for this sales pitch because he kept assuring me that I had seven days to change my mind, and, by starting the process, I could use the facilities for seven, vs. three days, before making a commitment. At this point, I believe nothing any of them say. Here are my concerns:

1, Currently, American Express has a pending authorization of $60.00 on my account. (A rounding up of the first and last month's membership fees.)

1. I did not sign a contract. The sales presentation did not involve the person going over the sales contract verbally with me. When I asked for a copy of the sales contract, I was convinced to accept it online via email. I agreed to this, probably because I thought of this all as tentative until seven days are up and being no risk. I am now very concerned that the sales person took my signature from the electronic signature I gave for my credit card and cut and paste it on my contract. Or, worse, forged my signature. From what I am hearing of others' experience, people end up getting bills for months on period, and the company does what it can to disallow cancellations.

2. The salesperson, upon my notifying him that there was no contract in my email via phone, did not return my call, and, despite again giving my email address, did not send me the contract. Seems like he does not want me to see the contract.

3. I was asked to provide two initials, first and last name on the electronic credit card device. I did not think anything of it at the time, but I suspect he pasted my initials on the contract that was never explained to me nor was seen in full..

I understand that California law allows at least a three-day cooling off period for fitness club memberships. I plan to visit the facility tomorrow, and follow their protocol for cancellation that involves speaking with the Operations Manager, submitting in writing a cancellation letter, getting a receipt, and sending a certified copy of this to the address they list.

I expect a runaround tomorrow, I have a busy schedule tomorrow, and I do not have a day to waste waiting for the Operations Manager either. Meanwhile the clock is ticking.

Appreciate any feedback, advice, etc.
 
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justalayman

Senior Member
I think the time is 5 days but don't count on that.
Not understanding what else you are looking for. Go and fulfill the requirements to cancel the contract and be done with it. After that if your credit card is billed file a dispute with the credit card company.
 

swalsh411

Senior Member
I don't think you need a "cooling off" period since I don't see there being a contract here. You never agreed to any terms.

Tell them you do not wish to join and to please refund the charge on your credit card. Don't say "cancel the contract" because there isn't a contract. Don't let them give you the runaround or jump through a bunch of hoops. If the charge is not removed from your AMEX with 3 days file a dispute with them.
 

Zigner

Senior Member, Non-Attorney
The signatures & initials on the electronic device ARE signatures on the contract so, yes, the OP DID sign a contract. That's they way they do it at many gyms now-a-days.

OP DOES have 5 business days total to cancel. See http://law.onecle.com/california/civil/1812.85.html for more information.
 

swalsh411

Senior Member
A signature on a credit card charge slip is just authorization for that charge. It is by no means an agreement to some other contract, especially one the OP didn't have the opportunity to read prior. There was no meeting of the minds here since the terms were unknowable by the OP.
 

gracenotes

Junior Member
I don't think you need a "cooling off" period since I don't see there being a contract here. You never agreed to any terms.

Tell them you do not wish to join and to please refund the charge on your credit card. Don't say "cancel the contract" because there isn't a contract. Don't let them give you the runaround or jump through a bunch of hoops. If the charge is not removed from your AMEX with 3 days file a dispute with them.
Thanks for the ongoing responses. This is exactly what I am going to do tomorrow, and I am removing any reference to "contract" in my written request, because I cannot believe that signing an electronic device without reviewing or discussing a contract means I have signed the contact. Will let you know how it goes. And, if I get any runaround, I will initiate the dispute with AMEX tomorrow, or as soon as the payment posts.
 

justalayman

Senior Member
Thanks for the ongoing responses. This is exactly what I am going to do tomorrow, and I am removing any reference to "contract" in my written request, because I cannot believe that signing an electronic device without reviewing or discussing a contract means I have signed the contact. Will let you know how it goes. And, if I get any runaround, I will initiate the dispute with AMEX tomorrow, or as soon as the payment posts.

Ok, if there was no acceptance of the contract, why would you give them ANY money? Hell, how would you know how much to pay them if you never knew the terms of the contract?


just to toss this out there:

has anybody ever heard of a verbal contract? You know, one where there is no paper to actually sign? Where somebody might pay money on without having read anything?
 

Zigner

Senior Member, Non-Attorney
A signature on a credit card charge slip is just authorization for that charge. It is by no means an agreement to some other contract, especially one the OP didn't have the opportunity to read prior. There was no meeting of the minds here since the terms were unknowable by the OP.
Swalsh, having done this fairly recently, I can assure you that the OP had the opportunity to read the contract on the machine and the OP signed the contract on the machine separately from the charge slip.
 

Zigner

Senior Member, Non-Attorney
To the OP - California law is very specific in giving you 5 business days to terminate your contract. Don't mess around with this - do the cancellation right, or you WILL find yourself locked in to this contract.
 

swalsh411

Senior Member
Swalsh, having done this fairly recently, I can assure you that the OP had the opportunity to read the contract on the machine and the OP signed the contract on the machine separately from the charge slip.
The OP is saying he was never provided the contract and had no opportunity to see it. I have no idea whether this is true or not since I wasn't there, but if he is telling the truth then I don't see how you could argue there was a meeting of the minds.
 

Zigner

Senior Member, Non-Attorney
The OP is saying he was never provided the contract and had no opportunity to see it. I have no idea whether this is true or not since I wasn't there, but if he is telling the truth then I don't see how you could argue there was a meeting of the minds.
Let's see, OOP can argue whether there was a contract or not, and likely lose, since the gym will have signatures showing acceptance of the contract...or simply exercise the statutory right to cancel the contract. Hmmm, which is the more logical move? I just can't figure it out...I mean, heck, fight and lose, or go with the sure thing. It's just too tough a choice I suppose.
 

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