What is the name of your state (only U.S. law)? NJ
Hi. About a 1 1/2 years ago I signed an agreement with a gym. We agree to pay in a month-by-month basis without actually signing for a 1 year agreement. This way I can cancel anytime and leave without penalties.
I called the gym about 2 months ago and told them I will be traveling for the rest of the year and wanted to cancel my membership. They offered me to freeze the account for 6 months. So I did.
This week I was told that my projects will definetly be extend until end of year so I called them and told them I want to cancel. They say I have to give them a 60 day notice before cancelation. So I told them I am canceling. They said that, this is not in the policy, that I have to reactivate my account, pay them 2 more months (60 days notice) and then finally I will have my subscription cancel.
The contract states "Renewal terms may be cancelled at any time provided a 60-day wirrten notice is given by signing a termination notice in person at the club"
This I did, but since my account is frozen for the next 4 months, they say I have to unfreeze it pay them and them cancel, which to me is just a way of getting 2 more month of free money.
I said to them this is totally unfair and they are trying to bend the contract to rip people of their money.
To my understanding a notice is a "note" (written or spoken, written preferible) that states or informs in advance of a change or cancelation of a contract. This have nothing to do with the status of my account and also it is not stated in the contract that the account must be active and not frozen.
Are this people in their rights to ask me to unfreeze the account, pay them 2 more months before cancelling, or are they just robbing people??
Thanks in advance!.Here is a copy of the Membership agreement:
Membership Agreement
Date: 2/9/07
[Personal Information]
Membership Privileges, Notices, disclosures & Agreements
Membership Type: L-75
Automatic Renewal Program:
Provided that Member is not in default of this agreement and subject to the terms and conditions hereof, the membership will automatically renew for the term of one (1) Year at the monthly rate indicated below. Renewal terms may be cancelled at any time provided a 60-day written notice is given by signing a termination notice in person at the club.
Renewal Rate: 63.13
Initials: XX
Notice
You are entitled to a copy of this contract at the time you sign it. You may cancel this contract any time before midnight of the third operating day after receiving a copy of this contract. If you choose to cancel this contract, you must either send a signed and dated written notice of cancellation by registered or certified mail, return receipt requested, or personally deliver a signed and dated notice of cancellation to [Gym Name], [Address]. If you cancel this contract within the three-day period, you are entitled to a refund of your deposit. If the third operating day falls on a Sunday or holiday, notice is timely given if it is mailed or delivered as specified in this Notice on the next operating day. “Operating Day” means any calendar day on which patrons may inspect and use the [Gym Name] facilities and services during a period of at least eight (8) hours, except Sundays and holidays.
Membership begins: 2/9/07
Membership expires: [blank]
Total sale: 863.49
Amount to enrolment: 169.06
Remaining balance to be paid in monthly instalments: 694.43
Default and late payments:
Should you default on any payment obligation as called for in this agreement, the club will have the right to declare the entire remaining balance due and payable and you agree to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs, and attorney fees. A default occurs when any payment due under this agreement is more than ten days late. Should any monthly payment become more than ten days past due, you will be charged a late fee. An additional service fee will be assessed for any check, draft, credit card, or order returned for insufficient funds or any other reason. If the Member is paying monthly dues by electronic funds transfer (ETF), the club’s billing company [Billing company name] reserves the right to draft via EFT all amounts owe by the member including any and all late fees and service fees.
Note: Members paying monthly dues by EFT are subject to $5/month increase of monthly dues if EFT payment is stopped or changed. This will not affect other provision of this agreement.
Notice: any holder of this agreement is subject to all claims and defences which the debtor could assert against the seller or goods or services obtained pursuant hereto or with the proceeds hereof. Recovery hereunder by the debtor shall not exceed amounts paid by the debtor hereunder.
[Signature]
Request for Preauthorized payment plan.
[Company Billing Information]
[My Credit card Information]
Hi. About a 1 1/2 years ago I signed an agreement with a gym. We agree to pay in a month-by-month basis without actually signing for a 1 year agreement. This way I can cancel anytime and leave without penalties.
I called the gym about 2 months ago and told them I will be traveling for the rest of the year and wanted to cancel my membership. They offered me to freeze the account for 6 months. So I did.
This week I was told that my projects will definetly be extend until end of year so I called them and told them I want to cancel. They say I have to give them a 60 day notice before cancelation. So I told them I am canceling. They said that, this is not in the policy, that I have to reactivate my account, pay them 2 more months (60 days notice) and then finally I will have my subscription cancel.
The contract states "Renewal terms may be cancelled at any time provided a 60-day wirrten notice is given by signing a termination notice in person at the club"
This I did, but since my account is frozen for the next 4 months, they say I have to unfreeze it pay them and them cancel, which to me is just a way of getting 2 more month of free money.
I said to them this is totally unfair and they are trying to bend the contract to rip people of their money.
To my understanding a notice is a "note" (written or spoken, written preferible) that states or informs in advance of a change or cancelation of a contract. This have nothing to do with the status of my account and also it is not stated in the contract that the account must be active and not frozen.
Are this people in their rights to ask me to unfreeze the account, pay them 2 more months before cancelling, or are they just robbing people??
Thanks in advance!.Here is a copy of the Membership agreement:
Membership Agreement
Date: 2/9/07
[Personal Information]
Membership Privileges, Notices, disclosures & Agreements
Membership Type: L-75
Automatic Renewal Program:
Provided that Member is not in default of this agreement and subject to the terms and conditions hereof, the membership will automatically renew for the term of one (1) Year at the monthly rate indicated below. Renewal terms may be cancelled at any time provided a 60-day written notice is given by signing a termination notice in person at the club.
Renewal Rate: 63.13
Initials: XX
Notice
You are entitled to a copy of this contract at the time you sign it. You may cancel this contract any time before midnight of the third operating day after receiving a copy of this contract. If you choose to cancel this contract, you must either send a signed and dated written notice of cancellation by registered or certified mail, return receipt requested, or personally deliver a signed and dated notice of cancellation to [Gym Name], [Address]. If you cancel this contract within the three-day period, you are entitled to a refund of your deposit. If the third operating day falls on a Sunday or holiday, notice is timely given if it is mailed or delivered as specified in this Notice on the next operating day. “Operating Day” means any calendar day on which patrons may inspect and use the [Gym Name] facilities and services during a period of at least eight (8) hours, except Sundays and holidays.
Membership begins: 2/9/07
Membership expires: [blank]
Total sale: 863.49
Amount to enrolment: 169.06
Remaining balance to be paid in monthly instalments: 694.43
Default and late payments:
Should you default on any payment obligation as called for in this agreement, the club will have the right to declare the entire remaining balance due and payable and you agree to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs, and attorney fees. A default occurs when any payment due under this agreement is more than ten days late. Should any monthly payment become more than ten days past due, you will be charged a late fee. An additional service fee will be assessed for any check, draft, credit card, or order returned for insufficient funds or any other reason. If the Member is paying monthly dues by electronic funds transfer (ETF), the club’s billing company [Billing company name] reserves the right to draft via EFT all amounts owe by the member including any and all late fees and service fees.
Note: Members paying monthly dues by EFT are subject to $5/month increase of monthly dues if EFT payment is stopped or changed. This will not affect other provision of this agreement.
Notice: any holder of this agreement is subject to all claims and defences which the debtor could assert against the seller or goods or services obtained pursuant hereto or with the proceeds hereof. Recovery hereunder by the debtor shall not exceed amounts paid by the debtor hereunder.
[Signature]
Request for Preauthorized payment plan.
[Company Billing Information]
[My Credit card Information]
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