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

[xylene]

There must be medical evidence to support the refund.

The rules of evidence in the court of public opinion are lax.

Crossfit is a somewhat passe fitness gimmick/cult that has a deserved bro reputation and a history of injury disproportionate to results.

 

[quincy]

The rules of evidence in the court of public opinion are lax.

Crossfit is a somewhat passe fitness gimmick/cult that has a deserved bro reputation and a history of injury disproportionate to results.

Perhaps. The girlfriend signed a contract with CrossFit anyway, though.

 

[Shadowbunny]

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."

OP said "she was advised against it" but he didn't say a DOCTOR advised against it.

So, OP..... WHO advised her against doing the challenge?

 

[xylene]

I didn't spend 6 years in evil medical school to be called mister. (It wouldn't take 5 seconds to find a doctor to recommend crossfit is stupid and dangerous for anybody, which includes OP'S lady)

I mean this isn't like trying to rescind a charitable gift to a respected organization, it's a one side business deal with a type of business essential where people break there contracts all the time. Precedent, public opinion and policy, law and ethics are on her side.

Someone should be able to sue this bogus gym for health consequences of losing 25lbs in 6 weeks - including rebound weight...

 

[quincy]

I didn't spend 6 years in evil medical school to be called mister.

I mean this isn't like trying to rescind a charitable gift to a respected organization, it's a one side business deal with a type of business essential where people break there contracts all the time. Precedent, public opinion and policy, law and ethics are on her side.

Someone should be able to sue this bogus gym for health consequences of losing 25lbs in 6 weeks - including rebound weight...

I won't dispute your evaluation of CrossFit (I have not researched it well enough to do so) but there seems to be a legitimate legal and binding contract between the girlfriend and CrossFit.

The law in this case does not appear to be on the side of the girlfriend - although there is a chance she can cancel the contract and get a refund under certain circumstances.


(I didn't know you went to med school )

 

[Zigner]

...they say I have to crossfit if it kills me."

That's not what the gym is saying at all.

 

[xylene]

(I didn't know you went to med school )

I never went to medical school, nor do I have doctorate.
I apologize if my archaic Austin Powers reference implied otherwise.

I only intended to imply a doctor in NYC, who had examined the patient, who would say, on written record "crossfit is bad for you (and everybody)" for $50-140 would be easy to find, probably within a 4-8 hours even, surely in a day or three.

 

[Whoops2u]

It's not just a doctor's order it would be bad for you, it is:
you cannot physically receive the services because of significant physical disability for a period in excess of six months

While not precisely the wording of disabled under federal law, a significant physical disability seems more than saying sweating too much might make you dehydrated or too much exercise might give old Uncle Rhabdo license to visit.

 

[quincy]

I never went to medical school, nor do I have doctorate.
I apologize if my archaic Austin Powers reference implied otherwise.

I only intended to imply a doctor in NYC, who had examined the patient, who would say, on written record "crossfit is bad for you (and everybody)" for $50-140 would be easy to find, probably within a 4-8 hours even, surely in a day or three.

Oh! Austin Powers! Movie references never fail to trip me up.

After reading a little bit more about CrossFit training, I agree it might not be too hard to find a doctor that warns against it because of the injury risks.

That said, training apparently can be tailored to one's own fitness level.

The biggest complication is that there is what appears to be a valid contract that binds the girlfriend to its terms. Getting out of the contract without penalty could be difficult.