Health club terminated everyones contract

[luskg]

State: Wisconsin

I used to work out at a health club that is only 1.3 miles from were I work. I choose this health club because of its location. This health club is also an apartment complex. Recently everyone who was a member but not a tenant of the apartment complex was sent a letter stating that the health club would no longer be offering services to them. I have a one year contract with them and nothing in it states they can end my contract whenever they want.

I have now found another health club but this one is 10.4 miles away. Can I claim compensatory damages for the extra mileage I will have to drive because of the old health clubs breach of contract? It adds up to a little over $400 dollars over the life of the contract. Thanks in advance.

 

[luskg]

Can anyone help please? This may sound petty but with all of the health clubs that make their money by enforcing contracts it would be nice to turn the tables on them and make them live up to this one. Thanks.

 

[djohnson]

How long is your contract for? Are they reimbursing you for any remainding money paid but they aren't giving you the option to use? I am sure your contract does state that you agree to obey the terms and conditions of the club, and that the club may change the terms and conditions with notice to you, which they have given. Your best bet is to just get prorated charges back for the time left on contract.

 

[HomeGuru]

State: Wisconsin

I used to work out at a health club that is only 1.3 miles from were I work. I choose this health club because of its location. This health club is also an apartment complex. Recently everyone who was a member but not a tenant of the apartment complex was sent a letter stating that the health club would no longer be offering services to them. I have a one year contract with them and nothing in it states they can end my contract whenever they want.

I have now found another health club but this one is 10.4 miles away. Can I claim compensatory damages for the extra mileage I will have to drive because of the old health clubs breach of contract? It adds up to a little over $400 dollars over the life of the contract. Thanks in advance.

**A: you have not provided the whole story. For example, the reason for the non-tenant termination. did it have anything to do with zoning regulations and operating a biz in a non-commercial zoned area? And you have not stated that the club made prorations to your contract termination date.

 

[luskg]

Thanks for the reply

First off thanks for replying.

djohnson:

My contract was good for 1 year; I had about 6 months left on it. I was paying monthly. They did not charge me for the month of January; the last day we could go was January 14th. They are square with me in regards to any fees I paid for the use of the health club. The contracts states: "Member Agrees: To abide by all of the membership rules and regulations of the club." It does not state they may change and no where in the contract does it state that the health club may end the contract at will. I believe it is pretty clear cut that they have breached the contract.

HomeGuru:
I asked why they were doing this. The apartment manager was told by the owner that it was a business decision.

I will be honest with you. I do not want to let the health club get away with breaching my contract. I do not think it is right that they can just ignore the agreement they made with me with no repercussions. I know that just because it is not right does not mean I have a case or that I was damaged that is why I am trying to figure out the mileage thing.

Here is my logic behind the mileage:

If I have a contract with a roofing company to replace my roof for $500 and then they decide that is too cheap and refuses to do it for that amount. If I then find another roofing company to do it for me for $1000 I can sue the original roofing company for compensatory damages of $500. So does it follow that:

I have a contract with a health club. They breach the contract and I have to go to another one. The other one is 10 miles further away. I can sue them for compensatory damages because their breech of contract forces me to drive further then I would have to if they had honored the contract.

That is what I am unsure of.

 

[Rhubarb297]

How long is your contract for? Are they reimbursing you for any remainding money paid but they aren't giving you the option to use? I am sure your contract does state that you agree to obey the terms and conditions of the club, and that the club may change the terms and conditions with notice to you, which they have given. Your best bet is to just get prorated charges back for the time left on contract.

Well, I really doubt they can change the contract into one in which they don't have to provide the service and they can keep his money. But here it doesn't sound like they're trying to keep his money.

I would bet the contract has a provision in there allowing them to cancel the contract with notice.

 

[djohnson]

Well, I really doubt they can change the contract into one in which they don't have to provide the service and they can keep his money. But here it doesn't sound like they're trying to keep his money.

I would bet the contract has a provision in there allowing them to cancel the contract with notice.

I agree, and even if not, I don't think he has a leg to stand on. At best all he could get would be the use for another six months. I am sure they have contingencies for situations.

 

[luskg]

Well, I really doubt they can change the contract into one in which they don't have to provide the service and they can keep his money. But here it doesn't sound like they're trying to keep his money.

I would bet the contract has a provision in there allowing them to cancel the contract with notice.

Rhubarb:

You would lose that bet. I have reread the contract many time looking for the section allowing them to cancel the contract. It's not there. Even the property manager for the apartments/healthclub agrees with me that there is nothing in the contract allowing them to do this.

 

[luskg]

I agree, and even if not, I don't think he has a leg to stand on. At best all he could get would be the use for another six months. I am sure they have contingencies for situations.

Another six months would suite me just fine. Unfortunately I can not sue for that in small claims. I can only sue for money to compensate me for damages.

 

[msldystrkr]

breach of contract

sue them in small claims for breach of contract. Regardless if you pay monthly or yearly you had a 1 year contract, not month to month based on paying month to month.

I personally would sue for damages of a 6 month membership to another club, extra milage.... punitive damages....

 

[luskg]

sue them in small claims for breach of contract. Regardless if you pay monthly or yearly you had a 1 year contract, not month to month based on paying month to month.

I personally would sue for damages of a 6 month membership to another club, extra milage.... punitive damages....

I would love to do this. However I am not going to unless I have a reasonable chance of winning. Two people have already stated that I do not have a leg to stand on. I know I can't sue them for the 6 month membership because the new club I am going to is cheaper. I can't sue for punitive damages, as I understand it only a judge can make that call. The mileage thing is the only angle I may have a shot at. Anyone else want to weigh in on my chances with sueing for mileage?