[NYC] Trying To Cancel A Contract / Waiver, Does It Hold Up?

[manhy16]

My girlfriend signed up for a 6 week cross fit challenge where she had to put down a $500 deposit. As long as she loses 25lb's of something she will get her money back. She signed up for it 2 days ago and the first class doesn't start till this Sunday.

Due to her lack of research on cross fit and her pre-existing health reasons she was advised against this and wants out of this class. She contacted the manager of the location and he said that they cannot issue her a refund.

On the contract/wavier there is a section for cancellation, but it seems to apply only to their monthly membership plans and not for their 6-week challenge plan.

Here is the contract / waiver in question.

http://imgur.com/a/va7lhi1

I highlighted the relevant section.
Highlighted in orange, (bullet number 7), She has not gone through the nutrition consultation, therefore as I understand it, she should be eligible for a full refund?

She contacted her bank to inquire on a stop payment or charge back and they said they can't do anything about it til the transaction post. Are their any legal repercussions that can occur if we were to go this route? This is only if we couldn't get our refund back.

Thanks!

 

[Whoops2u]

1. Are you from New York?
2. If so, you might take the contract link off. It opens with information filled in and that information is removed a second or two after the load. Name, address, date of birth, email are all on there.

Also, if I tell you there is no way that anyone with a red hat gets a refund, it does NOT mean that anyone with a blue hat gets a refund.

 

[adjusterjack]

I highlighted the relevant section.
Highlighted in orange, (bullet number 7), She has not gone through the nutrition consultation, therefore as I understand it, she should be eligible for a full refund?

Quote that separately word for word.

 

[quincy]

Here is the New York law on canceling contracts: https://www.nysenate.gov/legislation/laws/GBS/624

If there is a medical reason for cancellation, you could be entitled to a full refund.

 

[manhy16]

Quote that separately word for word.

Sorry about that, here it is

6 WEEK CHALLENGE SPECIFIC TERMS
1. Member agrees to submit $499 down payment, will be returned at end of 6 weeks after a successful body transformation or credited towards a
membership.
2. A successful body transformation entails a loss of 25lbs (starting BMI >28) OR 6% Bodyfat as measured on in-house BMI monitor or as
measured on the in-house scale within 42 days official “weigh-in day” captured by facility employee on the in-house system.
3. Member must attend 3 workouts minimum per week during the 6-week period (unless otherwise arranged via email with in-house staff).
4. Member agrees to weigh in weekly in order to increase accountability.
5. Member agrees to write a review of the facility on Google or Facebook after, 6-week program is over, and must submit a review prior to
receiving refund/credit.
6. To be eligible for a refund, Member must pay off the entirety of the deposit prior to the 5th week of the program. If a payment plan is made,
and one or multiple deposits are declined, it is up to the challenger to rectify billing. If the full deposit is not received by week 5 of the program,
prior partial deposits are forfeited.
7. Once the Member has gone through the nutrition consultation, there is no way of receiving a refund except after the completion of a successful
challenge, except in the case of pregnancy. In the case of the above exceptions, only half of the deposit amount shall be returned.

 

[Zigner]

#7 doesn't say that she will otherwise be entitled to a refund.

 

[Whoops2u]

Here is the New York law on canceling contracts: https://www.nysenate.gov/legislation/laws/GBS/624

If there is a medical reason for cancellation, you could be entitled to a full refund.

Thanks for the law, but I think I disagree about "medical reason" for cancellation. The OP wrote:
Due to her lack of research on cross fit and her pre-existing health reasons she was advised against this and wants out of this class.

The statute's medical reason to cancel:
If upon a doctor's order, you cannot physically receive the services because of significant physical disability for a period in excess of six months.

 

[manhy16]

Here is the New York law on canceling contracts: https://www.nysenate.gov/legislation/laws/GBS/624

If there is a medical reason for cancellation, you could be entitled to a full refund.

It says that I can cancel penalty free within 3 days but only in writing and sent certified/registered mail.
Does this hold true if It was in email or spoke about in person.

As well as because they told me no I couldn't cancel and its now past 3 days, would they violate anything in the law?

Thank you!

 

[Zigner]

It says that I can cancel penalty free within 3 days but only in writing and sent certified/registered mail.
Does this hold true if It was in email or spoke about in person.

As well as because they told me no I couldn't cancel and its now past 3 days, would they violate anything in the law?

Thank you!

You really can't do anything.

 

[manhy16]

#7 doesn't say that she will otherwise be entitled to a refund.

I cannot understand the wording of this, i don't know what the deal is if she has not gone through the nutrition consultation.

"Once the Member has gone through the nutrition consultation, there is no way of receiving a refund except after the completion of a successful challenge,"

 

[Zigner]

It doesn't say that a person is entitled to a refund because they haven't gone though the consultation.

 

[quincy]

It says that I can cancel penalty free within 3 days but only in writing and sent certified/registered mail.
Does this hold true if It was in email or spoke about in person.

As well as because they told me no I couldn't cancel and its now past 3 days, would they violate anything in the law?

Thank you!

Email is not certified registered mail.

Your girlfriend would need a doctor to confirm she cannot participate due to a medical condition. Pregnancy is not the only medical condition covered under the law.

Whether she can obtain a refund is a question mark. I suspect she has committed herself to paying for the 6 week cross fit challenge.

 

[xylene]

Call 9 on your side or whatever and complain.

"Doctor says I can't do this, they say I have to crossfit if it kills me."

 

[quincy]

There must be medical evidence to support the refund.