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Gym membership gone bad

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805spec

Junior Member
What is the name of your state?What is the name of your state? California
I signed up for a gym membership in July 2004. I paid in full $350 for a year membership. A few months later they charged me an additional $185 and then once more another $175. The contract stated that only $350 was to be charged. After 3 months of trying to get everything fixed they still haven't refunded my money. I became so frustrated I just canceled my membership all together with still another 6 months left. Now they are telling me that they're not legally obligated to give me a prorated refund for the rest of the six months because the contract says no refunds. Is the contract still valid in a case where they were only supposed to charge me $350 but instead charged me $710.
Basically I'm still waiting for a refund of the overcharges and a partial refund of the membership.
If I take this to court am I automatically going to lose because the contract says no refunds?
 


JETX

Senior Member
805spec said:
I signed up for a gym membership in July 2004. I paid in full $350 for a year membership.
Okay so far.

A few months later they charged me an additional $185
And did you pay this?? If so, why??
And what explanation did they give when you contacted them (in writing??) and asked why this bill??

and then once more another $175.
And did you pay this?? If so, why??
And what explanation did they give when you contacted them (in writing??) and asked why this bill??

The contract stated that only $350 was to be charged.
Then why did you pay the additional??

Now they are telling me that they're not legally obligated to give me a prorated refund for the rest of the six months because the contract says no refunds. Is the contract still valid in a case where they were only supposed to charge me $350 but instead charged me $710.
Without reviewing the full contract, the answer is very likely... yes. You have provided nothing to indicate that they breached the agreement.

Basically I'm still waiting for a refund of the overcharges and a partial refund of the membership.
The refund of the overcharges MAY be owed to you, depending on the cause of the charge. However, your request for a prorated refund of the membership is not. You were the one who chose to 'terminate' your membership.

If I take this to court am I automatically going to lose because the contract says no refunds?
For the overcharges, no. For the 'prorated membership', yes.
 

805spec

Junior Member
They didn't give me a bill for the extra charges. When I paid the original $350 I was supposed to pay I used my bank card. When they charged the extra amount they used the same card number I gave them before (it was on file.) They definitely didn't notify me these charges. I noticed the charges while checking my account online.
When these charges were made I notified managers at the facility and they told me there was nothing they could because I had to speak to their corporate office/accounting. When I asked why they charged me again, the managers and corporate said they didn't know why.
Nobody was returning my phone calls so I finally wrote a letter to the owner to see if he could help me. I wrote in the letter that I will be canceling my membership because nobody has tried to help me. I went in a couple of weeks after he received it (certified), to cancel the membership, and he already canceled my membership. I didn't fill out any paperwork that they normally have you sign.
I hope there's something I can I do.
 

JETX

Senior Member
805spec said:
They didn't give me a bill for the extra charges. When I paid the original $350 I was supposed to pay I used my bank card. When they charged the extra amount they used the same card number I gave them before (it was on file.) They definitely didn't notify me these charges. I noticed the charges while checking my account online.
When these charges were made I notified managers at the facility and they told me there was nothing they could because I had to speak to their corporate office/accounting. When I asked why they charged me again, the managers and corporate said they didn't know why.
Okay, lets change horses.... why didn't you contact your bank about these unauthorized charges??
In any case... go ahead and file your small claims case on them. And though unlikely, the court might even include your prorata cancellation. Courts have done stranger things!!
 

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