Health Club Contract

8 months ago, we signed a two-year contract for a health club membership in Iowa. At the time, the facility did not have any child care facilities available, but were told they "might" add one at a later time (no fees were mentioned for the child care facility, they were just "dangling" the possibility of it to get us to sign the contract). At that time, we joined and were told that our 8-year-old would be able to sit at one of the tables in the club while we worked out, which is what we've done since that time.

A couple of days ago, we were told that for their new childcare room (which is not supervised at the time we go to the gym -- it's just a "room"), there would be a $2 drop-off fee. We were further told that he would no longer be allowed to sit at the tables that he's been sitting at for the past 8 months -- essentially, he won't be allowed in the door to the gym without paying $2.

I'm wondering if the requirement for these fees constitutes breach-of-contract on the part of the gym. The only fees outlined in our contract are for the $32/month membership for my husband and me. Since we're not willing to pay the $24/month in additional fees simply to let our child sit in a room, and we don't want our child to stay home alone yet, essentially our memberships our now worthless.

Can we legally get out of this contract, since we can't work out without taking him with us, and even though we don't need to use the child care room, they're forcing us to pay a fee we never contracted for?

My response:

No, to all of your questions. Child care was never a part of your contract, and oral utterances are not valid (See your contract).

Get a babysitter during your workouts.

IAAL

similar situation, several years ago at the gym I was going to--the mother asked the gym management if her child could read to and color with, or otherwise entertain and 'supervise' the other kids in exchange for no fee--they said yes, it worked great; and after a while, the gym began letting older kids, like 12-14 really get involved with activities and such with even younger children (toddlers and up) while their parents worked out.
The main reason the gym required the children to be in another room was due to the issue of liability for the safety for the children.
now, I know I've just set myself up to be called a southern redneck trying to get out paying for things, but, hey--it's called bartering and it worked really well for centuries, and still does in some cases, and it just might be a workable solution for you.

But I'm not asking for child care to be provided...Just if they have the right to charge additional fees not outlined in the original contract, in order for him to sit in the same chair he's been sitting in for the past 8 months (which isn't even in the child care room)...

I wish something as simple as the second suggestion could be worked out. However, the gym manager claims that she can "make rules and change rules" whenever she wants to, so I don't think any sort of reasonable alternative is going to be worked out with her...

My response:

Since he's not on your contract, they can either demand that you not to bring him, or charge you a nominal fee. Someone has got to keep an eye on him - - he's only eight. You really weren't considering that he should stay alone, out of your eyesight, without adult supervision, were you ?

If anything happens to that child while he's out of your sight - - well, I wouldn't want to be in your shoes.

IAAL

Of course I'm not considering leaving him alone yet, that's why I'm so upset that, in essence, the gym just raised my $32/month gym fee to $56/month, without any warning of any kind...

However, since I was babysitting my newborn sister at 11 (and we turned out fine...), I'm curious as to how old YOU think he should be before he's left alone...

kmckni735 said:

Of course I'm not considering leaving him alone yet, that's why I'm so upset that, in essence, the gym just raised my $32/month gym fee to $56/month, without any warning of any kind...

However, since I was babysitting my newborn sister at 11 (and we turned out fine...), I'm curious as to how old YOU think he should be before he's left alone...

Click to expand...

My response:

Oh, brother . . .

I can just see the Child Welfare office in your future. You just don't have a clue about negligence, and child endangerment, do you ?

Ever thought of taking, and passing, a parenting course?

IAAL

I had to post a response to this thread......maybe years ago it may have been "fine" to leave an 11 year old CHILD to care for a newborn infant, but let me tell you a short story.....an aquaintence left his 11 year old daughter to care for her half sister (an infant) and LOST CUSTODY of both children due to child endangerment and neglect.........geez...pay the measly 24 dollars a month to insure the safety of the child you were blessed with!

To kat30s: Yes, you're right, it was a long time ago, and times were different then. I wasn't suggesting that I would do that today (in fact, if there's any danger, it's that I'll be an OVER-protective Mom, not an underprotective one).

And it never hurts to remind people that they should count their blessings. But if there's one demographic that probably doesn't need as many reminders, it would likely be those of us who went through 3 miscarriages, a month of bed-rest, and 8 hours of torture while our only kids spent their first hours of life in the NICU. My son isn't just a blessing. To me, he's nothing short of a miracle, and I have given him a hug and told him how much I love him every day of his life.

To alax: Thank you for trying to come up with a productive suggestion. I appreciate the effort, it's just that, from what I understand, the "child care provider" I would have to use at the gym once ran in to her ex-boyfriend at a restaurant, and proceeded to squirt ketchup all over his new girlfriend's coat. I don't care if they make their child-care service FREE, I'm NOT leaving my child under her care. I have no reason to believe that she'd treat a defenseless 8-year-old any better than the adults she comes in contact with.

To IAAL: I have come to the conclusion that you are either:
a) a 38-year-old, fat, bald guy who lives with his mother and doesn't have any kids
b) a 45-year-old, divorced, bald guy who sees his kids two weeks a year and considers himself qualified to give parenting advice
c) a parent with daily contact with his kids, who either are, or will be, ax murderers, or
d) a psych student spending large amounts of time making stupid and ill-informed comments on this site in order to provoke people and provide data for a thesis.

In any case, nobody who spends what seems to be inordinate amounts of time surfing this web-site could possibly be spending enough time with his kids to be considered a good parent, and shouldn't feel qualified to offer advice on the subject.

To everyone else: My original question had to do with whether or not a contract was valid if one of the parties to the contract knowingly lied (in our case, it was child care...with others it was tanning sessions, personal training sessions, etc.).

If I am forced to pay the remaining payments on the contract, so be it. But there is nothing that can force me to reward what I consider to be unethical business practice, by handing them more money for a service I don't want or need. Instead, my husband and I will spend our money on a home gym. It will be more convenient for us, and less disruptive for our child.

Now, if you'll excuse me, I've wasted enough time on this site, I'm going to spend it on my child instead.