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Can I Cancel My Gym Contract??

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Parisian

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

The Point: I want to cancel my gym contract.

The Problem: The itsy bitsy fine print says I only have 3 days to do that. It's been more than three days and I can't get a hold of anyone who is authorized to do anything about canceling a contract. I've left messages, but my calls are never returned. When I call, the person I need to speak to is either not there or in a meeting.

Question: If it has been longer than three days, can I still cancel the contract? There is more fine print on the contract that says that I can only access the gym by presenting my membership card, and the contract says that the rules are strictly enforced. However, I was never given a membership card, or a membership agreement number (the agreement number space is empty on the contract). So technically I'm not allowed to work out there because they have not authorized me to do so. It has been 30 days exactly since I signed it and so it's been 30 days that I have not been able to use the gym. Can I cancel my membership based on the fact that I cannot use the gym and I have no physical evidence of my membership (card, agreement #)? They have already deducted money from my account.

Please help!

Thanks!!
 


Antigone*

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

The Point: I want to cancel my gym contract.

The Problem: The itsy bitsy fine print says I only have 3 days to do that. It's been more than three days and I can't get a hold of anyone who is authorized to do anything about canceling a contract. I've left messages, but my calls are never returned. When I call, the person I need to speak to is either not there or in a meeting.

Question: If it has been longer than three days, can I still cancel the contract? There is more fine print on the contract that says that I can only access the gym by presenting my membership card, and the contract says that the rules are strictly enforced. However, I was never given a membership card, or a membership agreement number (the agreement number space is empty on the contract). So technically I'm not allowed to work out there because they have not authorized me to do so. It has been 30 days exactly since I signed it and so it's been 30 days that I have not been able to use the gym. Can I cancel my membership based on the fact that I cannot use the gym and I have no physical evidence of my membership (card, agreement #)? They have already deducted money from my account.

Please help!

Thanks!!
If you signed the contract you are bound by its terms. If you don't have your membership card, go there and ask for one. Enjoy your membership.

When the initial terms of the contract have been satisfied, make sure you cancel in the manner stipulated by your written agreement.
 

cosine

Senior Member
If you signed the contract you are bound by its terms. If you don't have your membership card, go there and ask for one. Enjoy your membership.

When the initial terms of the contract have been satisfied, make sure you cancel in the manner stipulated by your written agreement.
If at that point they refuse to give you a membership card, then notify them (in writing) that you consider their action to have terminated the contract.
 

HuAi

Member
If at that point they refuse to give you a membership card, then notify them (in writing) that you consider their action to have terminated the contract.
The OP cannot unilaterally cancel the contract in any situation that isn't specifically listed in either the contract itself or in the jurisdiction statutes. He may consider all he wants, but the gym has the money and it will refund it only for a legitemate reason. Read through the contract again and see if your facts fall under any categories which allow the contract to be broken.

If he went to the gym and was denied physical access, he may have a claim of some sort. As it stands we don't even know what happened to the card. Did it get lost in the mail? Maybe OP threw the envelope out with junk mail. Maybe your card is waiting for you at the front desk of the gym.
 
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cosine

Senior Member
The OP cannot unilaterally cancel the contract in any situation that isn't specifically listed in either the contract itself or in the jurisdiction statutes. He may consider all he wants, but the gym has the money and it will refund it only for a legitemate reason. Read through the contract again and see if your facts fall under any categories which allow the contract to be broken.

If he went to the gym and was denied physical access, he may have a claim of some sort. As it stands we don't even know what happened to the card. Did it get lost in the mail? Maybe OP threw the envelope out with junk mail. Maybe your card is waiting for you at the front desk of the gym.
A claim of some sort? LOTS of civil cases revolve around a failure to perform, by one of the two parties to a contract.

Of course, as long as they have his money, they won't want to part with it very easily. It depends on how willing each party is to satisfy the other somehow, or how willing the OP is to take it to court. If that do fail to deliver he membership, I still suggest my letter. Then their failure to correct one way or the other (provide the membership as agreed, or offer to refund and cancel) then helps the OP's case in court.
 

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