Amended contract

Generally a contract cannot be amended without notice. The gym contract is probably covered by your state’s consumer protection laws and you may have additional rights. If you continue to use the gym or pay the fees after receiving notice of the change, you may be deemed to have accepted the change in the contract terms. Read the fine print in the contract to see what the agreement says about amendment. You may find that you have agreed to allow amendment in certain circumstances.

Although the laws of each state can differ, you may wish to pursue a number of avenues.

First, most states have consumer protection laws, often as part of their Fair Business Practices Act. These consumer protection laws often target businesses and industries where consumer abuse or fraud is more common. These laws generally provide governmental regulatory help to consumers, and impose heavier penalties on violators. Also, in some instances the usual common law contract principles of Buyer Beware are modified.

In Georgia, Health Club, Gyms and Health Club Memberships are one of these problematic industries that are given special attention. Also, if any material aspect of the services during the contract are dropped by the Gym, then the consumer gets certain rights to terminate.

I would recommend that you contact your state consumer affairs office or division. They may be able to help you, or direct you to a proper agency office to file a complaint.

Second, even under common contract laws of your state, you may have rights to terminate the contract or refuse modifications. The first resort here is to obtain the original signed copy of your contract, and be sure you have all of the pages front and reverse and all the boilerplate (tiny print). Next, seek legal counsel about your rights if the dispute justifies the cost.

Third, if you purchased the membership or pay for it on a credit card, you might resort to dispute resolution rights you have under the at agreement to make written complaint and objection to further charges until you resolve the dispute.

Fourth, if the Gym is a franchise, a complaint to the Franchisor may help. Also your Better Business Bureau may be able to assist, or offer mediation or arbitration of the dispute.

Good luck to you in resolving this dispute. And to cheer you up: Your scenario could be much worse: Its not uncommon for people to buy Gym memberships in advance of the Gym being built/opened, only to later lose their prepaid dues when the Gym never materializes.

State Required Legal Ethics Disclosure: This Answer and any information contained in this answer is not intended to be treated as legal advice; And, this posting does not create an attorney-client relationship or privilege of any kind. This attorney licensed only in Georgia.

Because the general rule is that both parties to a contract must agree to its terms, the terms of a contract may not normally be unilaterally changed by one party. However, the terms of a contract may generally be modified if the change is assented to by both parties. It is important to familiarize yourself with the contents of your contract, and, if you have questions, to seek the advice of an attorney in your area as to what they mean.

Generally know, unless the original contract allowed for it.