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Need Advice about Gym Membership

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caliqueen91

Junior Member
Gym Membership scam

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

On 3/1/10 I signed up for a gym membership with Snap Fitness, which is a 24-hour gym. I liked the idea of a 24-hour gym because my schedule is not like most people's 9-5, I usually do not get off work til around 1 am, the membership was $44.95 a month for both my sister and I. I told the gym employee that I was not sure how long I would be able to go to the gym, I was planning on moving within a year, so he told me that it would be month-to-month, which little did I know he wrote 1 year on my contract. Fast-forward to about a month and a half ago, Snap Fitness was bought out by a company named Super 5 Express Fitness. This gym was no longer 24-hours, it was only open from 7am-9pm, which was clearly not going to work for me, it was also only $9 a month for members. I went into the gym and explained my situation, which they said there was nothing they could do for me. I went home and dug out my contract with Snap Fitness, and in the terms it states "Club Unavailability- If any of the services or facilities described in this agreement become unavailable or are no longer fully operational, I am only liable for the portion that was available for the public to use while this agreement is in effect..." Well, in my opinion, the club is no longer fully operational and the services are no longer available because I signed up for a 24-hour gym, which is stated in the contract. I went back in the gym and explained and, they again gave me the same run around that there was nothing they could do. Well, I gave up and felt that I needed to pay the $150 cancellation fee, but decided to freeze my account for a month so I could save up the money. Fast-forward to 2 days ago, I looked at my bank statement after I froze my account and I was still charged the $44.95 so I went back in furious. The employee told me that there was nothing he could do and he would have the manager call me. Well, I never received a call so I went in today and demanded to speak the manager and he told me he would put the money back in my account and would give me 2 free personal training sessions. "Free personal training sessions?!?!?! I do not even go to the gym any longer." Then the manager said that he would reverse my refund and keep the $44.95 and that he was trying to do me a favor. Isn't that fraud? What can I do? I would just pay the cancellation but I do not want to give in to them. I was paying 44.95 for a 24-hour gym, how is it that everyone else in that gym is only paying 9? Is there anything I can do to stand up to these monsters?
 
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