Can I sue my personal trainer for loss for membership fees?

[missyj98]

lol...you were a nano-second faster than I was.

He was a professional trainer, with his focus on being bodybuilding competitors, some of which he trained for 8 or more years during their time as competitors. So our minds were in the same place as far as long haul was concerned. He was also a competitor himself, so he was fully aware of what was involved in these competitions and the time that was involved. He was aware of .my goals. Long haul, could also mean for as long as I wanted to pursue it, not him.

 

[missyj98]

The other problem you have is that YOU chose to cancel your contract. You still had full use of the gym.

I tried to cancel the contract at the time the trainer quit, ABC gym would not allow it, I was required to fulfill my contractual agreement of 2 years,which I believe I stated in my original posting, I did not cancel the contract until the end of 2019, after the 2 year contractual agreement,. I cancelled because in that 2 years I used that gym maybe 3 weeks total because it was too far out of my way to drive. I went to Planet fitness instead which was much closer and my trainer was fully aware of this.

 

[Zigner]

I tried to cancel the contract at the time the trainer quit, ABC gym would not allow it, I was required to fulfill my contractual agreement of 2 years, I only cancelled my contract after the 2 year contractual agreement,. I cancelled because in that 2 years I used that gym maybe 3 weeks total because it was too far out of my way to drive. I went to Planet fitness instead which was much closer

Your choice.

 

[missyj98]

here's my problem with all of this and I'm not sure if anyone is getting this. I hired this trainer for an indefinite period of time, he agreed to train me for an indefinite amount of time. There was no stipulation of time put on our training relationship. He was fully aware of my intentions and goals. The term "long haul" was used quite often with him in conversations, which meant as long as it took, these are his words, not mine, "AS LONG AS IT TAKES, MJ," This question is imposed numerous times during my training, how long will it take me to get to this goal, how long does it take for that goal, his go to response, "Don't worry, MJ, I'm in it for the long haul, as long as it takes we will get you there." Another text message from the trainer.

 

[Zigner]

here's my problem with all of this and I'm not sure if anyone is getting this. I hired this trainer for an indefinite period of time, he agreed to train me for an indefinite amount of time. There was no stipulation of time put on our training relationship. He was fully aware of my intentions and goals. The term "long haul" was used quite often with him in conversations, which meant as long as it took, these are his words, not mine, "AS LONG AS IT TAKES, MJ," This question is imposed numerous times during my training, how long will it take me to get to this goal, how long does it take for that goal, his go to response, "Don't worry, MJ, I'm in it for the long haul, as long as it takes we will get you there." Another text message from the trainer.

You seem to think that the "indefinite period of time" helps you. It doesn't.

 

[missyj98]

Your choice.

My choice what? It was not my choice to be stuck in a 2 year contract, it was however, my choice to cancel the contract for a gym I never used, because I had other gyms that were closer, AFTER the 2 years was fulfilled. It was not my choice to join that gym, it was the trainers, and with his reassurance that he would train me for as long as it took to get to my goals, it was then my choice to join the gym. In which he was fully aware that the gym was farther away than other gyms. I'm not even understanding why you are fixated on me cancelling the gym after the fact. I fulfilled my 2 years, my trainer quit within a few months of telling me and reassuring me he would continue to train me at this gym. I got stuck paying $1280.64 for a membership in which I only used the gym for 2 months under his training, plus $110 months for special circumstances. I pulled the original contract, which was signed 5/31/17 and he quit 8/7/2017. Doesn't that sound a little shady to anyone, he was a member of this gym., he trained there 7 days a week, he was known well. Well enough that the owner of ABC Gym allowed him to train me as long as I payed ABC gym 10% of what I paid my trainer, (ABC Gym had their own trainers) which came to $110 a month extra I had to pay to ABC gym. So my trainer cost $1100 a month, my membership fees were $53.36 per month plus $110 extra per month to train with a special trainer per month. They did allow me to stop paying the $110 extra, but that took some pursuasion

 

[Zigner]

My choice what? It was not my choice to be stuck in a 2 year contract, it was however, my choice to cancel the contract for a gym I never used, because I had other gyms that were closer, AFTER the 2 years was fulfilled. It was not my choice to join that gym, it was the trainers, and with his reassurance that he would train me for as long as it took to get to my goals, it was then my choice to join the gym. In which he was fully aware that the gym was farther away than other gyms. I'm not even understanding why you are fixated on me cancelling the gym after the fact. I fulfilled my 2 years, my trainer quit within a few months of telling me and reassuring me he would continue to train me at this gym. I got stuck paying $1280.64 for a membership in which I only used the gym for 2 months under his training, plus $110 months for special circumstances. I pulled the original contract, which was signed 5/31/17 and he quit 8/7/2017. Doesn't that sound a little shady to anyone, he was a member of this gym., he trained there 7 days a week, he was known well. Well enough that the owner of ABC Gym allowed him to train me as long as I payed ABC gym 10% of what I paid my trainer, (ABC Gym had their own trainers) which came to $110 a month extra I had to pay to ABC gym. So my trainer cost $1100 a month, my membership fees were $53.36 per month plus $110 extra per month to train with a special trainer per month. They did allow me to stop paying the $110 extra, but that took some pursuasion

I'm sorry that you are unable to accept that there other views on this matter that differ with your own. I wish you the best of luck with whatever path you decide to take.

 

[missyj98]

You seem to think that the "indefinite period of time" helps you. It doesn't.

Please explain this. your bio states that you are not an attorney. when this first happened I did speak to an attorney and they said I had no legal grounds unless I suffered a loss. The trainer couldn't be held accountable for the contract. I was advised to try to cancel the contract and even told to tell ABC gym I was moving out of state. I chose not to lie and told them the truth at which time I was told I was stuck in the contract. Now, I have suffered a financial loss, I didn't utilize the facility, I joined because the trainer said he would train me at this gym. so help me understand what you are trying to tell me with hardly any words

 

[Zigner]

Please explain this. your bio states that you are not an attorney. when this first happened I did speak to an attorney and they said I had no legal grounds unless I suffered a loss. The trainer couldn't be held accountable for the contract. I was advised to try to cancel the contract and even told to tell ABC gym I was moving out of state. I chose not to lie and told them the truth at which time I was told I was stuck in the contract. Now, I have suffered a financial loss, I didn't utilize the facility, I joined because the trainer said he would train me at this gym. so help me understand what you are trying to tell me with hardly any words

I am trying to tell you that this matter may not rise to the level of a contract. There are certain elements that are required, and you seem to be missing the "meeting of the minds" part.

 

[LdiJ]

Missy, you can file a case against the trainer in small claims court. If you lose, you will have spent the filing fee for nothing, but if that doesn't bother you, then go ahead and try making the argument that you had an oral contract. However, again, the potential win is no where near 3000.00. You said that gym was $53 a month for 24 months, and he only quit you when there were 18 months to go, so 900.00 or so is the most you can hope for.

 

[missyj98]

Missy, you can file a case against the trainer in small claims court. If you lose, you will have spent the filing fee for nothing, but if that doesn't bother you, then go ahead and try making the argument that you had an oral contract. However, again, the potential win is no where near 3000.00. You said that gym was $53 a month for 24 months, and he only quit you when there were 18 months to go, so 900.00 or so is the most you can hope for.

Is it an oral contract if all of this was said via text message? I have every text message and the phone records relating to them. Would that not be a written type of contract?

Also I pulled the original contract, i joined 5/31/2017, he quite 8/7/2017, so that is 22 months, = $1166 plus 4 months I Had to pay the gym $110 for special training that I was not receiving, that's $440. I am familiar with small claims and civil court. The filing fees aren't much, and chances are, this guy isn't going to show up because he's afraid of conflict. I started with this trainer in the beginning of 2015, and any time an issue came up he ran. He would text people instead of having the decency to talk to them face to face. If he didn't like someone, he would talk behind their back and be super nice to their face. What's sad, I didn't get involved in that, I did my thing, avoided the drama best I could and went on about my business. another poster said I got involved in some drama. Getting involved portrays to me as putting yourself in it intentionally, it was more like I was shoved into a bunch of drama head first, by a girl that was queen of the drama queens, with no way out. Trying to stay out of it was impossible, as she was a very envious, and narcisstic person. Had my trainer just spoke up and talked to the gym owner when it started, none of this would have taken place. He's a mental wimp in a monsters body. And I'm ashamed that I didn't see who he truly was.

 

[Zigner]

Is it an oral contract if all of this was said via text message? I have every text message and the phone records relating to them. Would that not be a written type of contract?

Even if there is a "contract", it's not a written contract. It would be a "Contract, not in writing" (that's what they call "oral" and other contracts that are not "written" contracts")

 

[Just Blue]

Please explain this. your bio states that you are not an attorney. when this first happened I did speak to an attorney and they said I had no legal grounds unless I suffered a loss. The trainer couldn't be held accountable for the contract. I was advised to try to cancel the contract and even told to tell ABC gym I was moving out of state. I chose not to lie and told them the truth at which time I was told I was stuck in the contract. Now, I have suffered a financial loss, I didn't utilize the facility, I joined because the trainer said he would train me at this gym. so help me understand what you are trying to tell me with hardly any words

Had you read the TOS/TOC when you joined, you would realize that most every volunteer here is not an attorney, but an educated layperson. We do, however, have several site vetted attorneys that volunteer. I will tag them for you so they can offer their opinion on this issue.

@Mass_Shyster @TigerD @Taxing Matters @Ohiogal

 

[missyj98]

Even if there is a "contract", it's not a written contract. It would be a "Contract, not in writing" (that's what they call "oral" and other contracts that are not "written" contracts")

For anyone that is reading this and to you also, Zigner. Those messages are considered written and do hold up in court. I helped my nephew start a lawn care service in 2012, in which I bought his equipment and he was to pay me for them at set times and set payment amounts. He breached all of this, did not give me the equipment back and I kept every single text message that was ever sent between us. I ended up suing him in civil court. He lost his butt on that one, I got the equipment back, plus all the damages to the equipment, and a car that he signed over to me as collateral. I won that case because of all of those text messages.

I am trying to tell you that this matter may not rise to the level of a contract. There are certain elements that are required, and you seem to be missing the "meeting of the minds" part.

I'm not missing it. My trainer was fully aware that my goals were endless, I would train sick, hurt, the only time I missed my training sessions were when my son was struck by a car when crossing the street. I sent a text to him when this happened stating "I may have to miss my training sessions because "D" was hit by a car on sunday and I am at the hospital. It was a running joke because I said I may have to miss, it was inevitable I was goin to miss my sessions, but they took it as I was trying to figure out a way to get there, regardless because I was so dedicated. I also had 2 other coaches, a nutrition coach and a posing coach. The trainer was fully aware and knew from experience what it took to train to compete. We were a team, myself, the trainer and 5 other girls even though we competed individually, we were on his team and were represented by his training company. What I am not understanding is how you don't seem to get, there was a meeting of the minds, because of his experience. You don't tell someone to enter into a 2 year contract and state to them you are in it for the "long haul" unless you are going to fulfill at least the time the contract was in place.

 

[PayrollHRGuy]

My trainer was fully aware that my goals were endless

So if this gym contract was for 50 years instead of 2 you would expect your trainer to be on the hook for that long?