Gym membership-owner refused cancellation

[autumn_whispers]

What is the name of your state? (membership was in MS)

My fiance belonged to a gym in MS a couple of years ago. He was laid off, and I became ill, so neither of us had income. He was forced to take a job out of state, worked there for a few months until the job ended, then moved to VA, then when his dad had a stroke we moved to WI/MN area.

The owner of the gym was notified in person, then later on the phone that we were having to move out of state due to a new job. The owner aparently went 'around' the request and continued the membership. Months later my fiance began receiving collection letters for this gym membership.

What can he do to correct this? We still have our copy of the lease when we lived in FL, and can get letters to prove where we lived in VA & WI.

Can the gym owner just 'decide' to continue the contract like this? He threw the letter we gave him away and said he didn't need it in writing.

 

[I AM ALWAYS LIABLE]

What is the name of your state? (membership was in MS)

My fiance belonged to a gym in MS a couple of years ago. He was laid off, and I became ill, so neither of us had income. He was forced to take a job out of state, worked there for a few months until the job ended, then moved to VA, then when his dad had a stroke we moved to WI/MN area.

The owner of the gym was notified in person, then later on the phone that we were having to move out of state due to a new job. The owner aparently went 'around' the request and continued the membership. Months later my fiance began receiving collection letters for this gym membership.

What can he do to correct this? We still have our copy of the lease when we lived in FL, and can get letters to prove where we lived in VA & WI.

Can the gym owner just 'decide' to continue the contract like this? He threw the letter we gave him away and said he didn't need it in writing.

My response:

What does your fiance's life, illnesses, needs, requirements, or his moving around have to do with anything? The problem is, there's still a legally binding contract out there and his life and problems have nothing to do with the gym owner, or the validity of the contract.

IAAL

 

[autumn_whispers]

Gym contracts usually state that if you move (and can prove you moved) further than 50 miles away from the facility that you can cancel the contract without penalty. This contract also stated this.

A gym membership isn't like buying a car or home. It's a 'service.' A homeowner can sign a 6mos contract with a maid service stating they will pay so much per week or month, but how much sense does it make to expect someone to pay a maid for cleaning a house...if they no longer have the house, or have to move, or someone dies in the family and they're forced to sell the house, or whatever?

I guess maybe I'm shocked, though shouldn't be, at the greed in most businesses nowadays. My fiance is a contractor and we've lived in several different places, but this was the first time we ever ran across a gym owner who expected someone to keep paying for a membership that they can't use due to relocation.

I'm grateful you replied to my post, but I'm baffled at the tone you're using with me. Are you a creditor? The reason I ask is that your response seems colored by something, maybe anger or bitterness?

 

[I AM ALWAYS LIABLE]

Gym contracts usually state that if you move (and can prove you moved) further than 50 miles away from the facility that you can cancel the contract without penalty. This contract also stated this.

My response:

And you didn't state this in your initial post because . . . ?

IAAL

 

[autumn_whispers]

My response:

And you didn't state this in your initial post because . . . ?

IAAL

...it's common knowledge and I've yet to see a gym contract, or anyone else who has one, that doesn't have that stipulation.

As for the information on what happened to us during that time, I figured it was a lot easier to answer the questions before they're asked, rather than use "Dick & Jane" formatting and say, "Had membership. Moved. Membership on credit report now."

Never mind. I'll find alternative resources to get information about this. I thought this was a neutral forum to provide useful information for people, and had I realized that posting would draw a response in that tone.. I would have skipped this forum altogether.

 

[Shay-Pari'e]

...it's common knowledge and I've yet to see a gym contract, or anyone else who has one, that doesn't have that stipulation.

As for the information on what happened to us during that time, I figured it was a lot easier to answer the questions before they're asked, rather than use "Dick & Jane" formatting and say, "Had membership. Moved. Membership on credit report now."

Never mind. I'll find alternative resources to get information about this. I thought this was a neutral forum to provide useful information for people, and had I realized that posting would draw a response in that tone.. I would have skipped this forum altogether.

I have one, and that is not a stipulation. You will hear the same thing anywhere you look.

 

[You Are Guilty]

Just wanted to let you know I was all up and ready to help you as I had the exact same problem and was able to extricate myself (rather quickly, I might add), but then you had to go and complain about IAAL's response, which was quite justified inasmuch as you left out the vital piece of information to your little problem.

So in return, I'm going to leave out one little piece of information from my post as well -- the part that's so well known that its "common knowledge", i.e. the way to get out of that contract.

Enjoy your FICO score from hell in the meantime.

 

[I AM ALWAYS LIABLE]

...it's common knowledge and I've yet to see a gym contract, or anyone else who has one, that doesn't have that stipulation.

As for the information on what happened to us during that time, I figured it was a lot easier to answer the questions before they're asked, rather than use "Dick & Jane" formatting and say, "Had membership. Moved. Membership on credit report now."

Never mind. I'll find alternative resources to get information about this. I thought this was a neutral forum to provide useful information for people, and had I realized that posting would draw a response in that tone.. I would have skipped this forum altogether.

My response:

Really? It's "common knowledge"? By the same token, it should be "obvious" to you that successful attorneys, like myself, live in large homes with their own "gym rooms" and don't need to pay an outside source. So, you really should have known.

Never mind. I'll help someone else who doesn't have an attitude problem like yourself.

IAAL

 

[Ladynred]

Oh please, why don't you all just grow up already !!!! Geeez..

It IS fairly common with most of the larger gym and health club chains - like Gold's for instance, to have the aformenetioned clause in it. Obviously that doesn't mean ALL of them have it, but most of the ones I've seen in 4 different states DO contain the clause regarding cancellation if you move more than 50 miles a way.

Even without that clause, the USUAL and correct way to cancel ANY contract is to notify the other party IN WRITING, and for God's sake keep the paper trail !! Do you have a copy of the letter you gave the owner ?? Do you have any kind of proof you gave him notice in writing ? IS it stipulated in the contract that notification must be in writing to be binding ??

If you have proof you notified this guy in writing, then you may have a way out of the mess, but its not going to be easy. If he threw away your letter, then its HIS screwup because you did the right thing.

 

[Shay-Pari'e]

(QUOTE)Even without that clause, the USUAL and correct way to cancel ANY contract is to notify the other party IN WRITING,(QUOTE),

Red, what do you know that we seem to not know? I am seriously interested, as I have a gym contract and joined another, yet must pay the contract or face bad credit.

 

[Ladynred]

Huh ?? Look, just because YOUR contracts don't have that clause, doesn't mean its not a relatively common practice. As for cancelling a contract, if there IS a recission clause or a clause that is the subject of the brow-beating here, then you MUST notify the establishment IN WRITING or you are screwed. Obvoiusly not ALL contracts can be cancelled, I was hasty there I admit. The bottom line, with any agreement, contract, lease, whatever that you sign or get into, if you don't make your disputes, your objections or exercise your rights ON PAPER, it is treated as if it never happened. CYA is the ONLY policy that will do you any good.