T
testiculus
Guest
They're trying to cheat me out of my liftime membership. This is something that I use 5 days a week. Help.
I joined a health club here in GA in 1980, as a "lifetime" member. This was before most states outlawed the selling of lifetime memberships. Soon after joining I had to move to Florida for school, and completely forgot about the membership (and the payments) as many dumb 20 year olds would do.
The paper went to a collection agency and I promptly paid it off in cash some months later.(this all relates to the situation)
I have used the membership off and on ,when in town, for the last 20 years with no problems and two years ago I was issued a replacement membership card clearly stating the I have a "lifetime" membership.
Recently, the management of the club announced that it would have to start charging all "lifetime" members an annual maintenance fee of $150.00. You see, these people sold a great deal of "lifetime" memberships up until about 1990. Now it's all coming home to roost.
I don't have to be an attorney to know that this won't stand up, and the club has admitted that point in writing to members(they are still trying to cash in on the more gullible though).
But here is where it gets downright silly,the manager asked me to come into his office the other day as I was signing in, and told me that because my contract had gone into collections (this was in 1980 and has been paid off for 20 years), my membership was immediately transformed into a 2 year membership, and that membership was now over.
Initially this troubled me, until I read the contract text that he was basing this on. First off, he showed me a recent two-year contract, not a 20 year old "lifetime" contract. Second, he lied when I pointed this out to him. Here is the exact text word by word from the contract he showed me (he had this highlighted, obviously he is trying this garbage with other members):
BEGIN ACTUAL CONTRACT TEXT
" In the event of non payment when due of any amount payable herein, the principal portion of all unpaid installments and all accrued interest shall immediately become in default, due and payable at the option of the Spa, without notice or demand, and the same shall bear interest thenceforth and until paid at the highest rate of interest allowed by law. Member waives presentment, notice of dishonor and protest.
Member is purchasing herewith a VIP membership in the Spa. Such membership shall be for a term of two years beginning from the date of signing the contract and if Member refers two new members to the Spa who sign membership contracts with the Spa during the initial term of the contract, Member may renew membership in the Spa for as long as the Spa exists and at no further charge or obligation to the Member provided that Member complies with all the terms of this contract as well as all rules of the Spa; otherwise, at the end of this term, as well as each subsequent two-year term, Member may renew membership in the Spa for an additional two-year term subject to the same terms herein and at the rate currently being paid for such memberships at the date of renewal."
END CONTRACT TEXT
This is a blank VIP or Two-year contract,and it states as much on the top of the contract under "type of membership".
This is not the type of contract that I signed 20 years ago, and when I asked to see the actual contract I signed, he said that he might not be able to find it but that he would find a contract that was in use in 1980 for me. I don't have an original copy of the contract I signed.
What I'm asking is:
Could the text above in quotes somehow change my "lifetime" membership into a two-year membership because the contract went into collections? I certainly don't read it that way.
I think he's bluffing, or really stupid and following his boss's orders. Anyway, I'm not about physically fight to get in and workout, and would like a few legal remedies to scare him and his boss a little.
Isn't what he is trying to do illegal? Fraud? I'm sure that a few members have actually fallen for it.
What city or county officials would handle something like this? The BBB is well meaning but basically useless if you want a remedy.
**I would really like to come down on this guy as he is certainly deserving, and probably ripping off others as I write this.**
Would the state Attorney General's office be interested in something like this?
How would you handle this if you were in the situation? He seems to actually beleive what he's saying.
All I want is what I paid for in 1980, which is the free use of the Club for as long as it exists (and to possibly stop these people from ripping-off existing lifetime members).
I hope this isn't too long, I tried to get all the facts in without rambling.
Any knowledgable help/advice would be greatly appreciated.
Thanks in advance
testiculus
I joined a health club here in GA in 1980, as a "lifetime" member. This was before most states outlawed the selling of lifetime memberships. Soon after joining I had to move to Florida for school, and completely forgot about the membership (and the payments) as many dumb 20 year olds would do.
The paper went to a collection agency and I promptly paid it off in cash some months later.(this all relates to the situation)
I have used the membership off and on ,when in town, for the last 20 years with no problems and two years ago I was issued a replacement membership card clearly stating the I have a "lifetime" membership.
Recently, the management of the club announced that it would have to start charging all "lifetime" members an annual maintenance fee of $150.00. You see, these people sold a great deal of "lifetime" memberships up until about 1990. Now it's all coming home to roost.
I don't have to be an attorney to know that this won't stand up, and the club has admitted that point in writing to members(they are still trying to cash in on the more gullible though).
But here is where it gets downright silly,the manager asked me to come into his office the other day as I was signing in, and told me that because my contract had gone into collections (this was in 1980 and has been paid off for 20 years), my membership was immediately transformed into a 2 year membership, and that membership was now over.
Initially this troubled me, until I read the contract text that he was basing this on. First off, he showed me a recent two-year contract, not a 20 year old "lifetime" contract. Second, he lied when I pointed this out to him. Here is the exact text word by word from the contract he showed me (he had this highlighted, obviously he is trying this garbage with other members):
BEGIN ACTUAL CONTRACT TEXT
" In the event of non payment when due of any amount payable herein, the principal portion of all unpaid installments and all accrued interest shall immediately become in default, due and payable at the option of the Spa, without notice or demand, and the same shall bear interest thenceforth and until paid at the highest rate of interest allowed by law. Member waives presentment, notice of dishonor and protest.
Member is purchasing herewith a VIP membership in the Spa. Such membership shall be for a term of two years beginning from the date of signing the contract and if Member refers two new members to the Spa who sign membership contracts with the Spa during the initial term of the contract, Member may renew membership in the Spa for as long as the Spa exists and at no further charge or obligation to the Member provided that Member complies with all the terms of this contract as well as all rules of the Spa; otherwise, at the end of this term, as well as each subsequent two-year term, Member may renew membership in the Spa for an additional two-year term subject to the same terms herein and at the rate currently being paid for such memberships at the date of renewal."
END CONTRACT TEXT
This is a blank VIP or Two-year contract,and it states as much on the top of the contract under "type of membership".
This is not the type of contract that I signed 20 years ago, and when I asked to see the actual contract I signed, he said that he might not be able to find it but that he would find a contract that was in use in 1980 for me. I don't have an original copy of the contract I signed.
What I'm asking is:
Could the text above in quotes somehow change my "lifetime" membership into a two-year membership because the contract went into collections? I certainly don't read it that way.
I think he's bluffing, or really stupid and following his boss's orders. Anyway, I'm not about physically fight to get in and workout, and would like a few legal remedies to scare him and his boss a little.
Isn't what he is trying to do illegal? Fraud? I'm sure that a few members have actually fallen for it.
What city or county officials would handle something like this? The BBB is well meaning but basically useless if you want a remedy.
**I would really like to come down on this guy as he is certainly deserving, and probably ripping off others as I write this.**
Would the state Attorney General's office be interested in something like this?
How would you handle this if you were in the situation? He seems to actually beleive what he's saying.
All I want is what I paid for in 1980, which is the free use of the Club for as long as it exists (and to possibly stop these people from ripping-off existing lifetime members).
I hope this isn't too long, I tried to get all the facts in without rambling.
Any knowledgable help/advice would be greatly appreciated.
Thanks in advance
testiculus