Can a gym sue me for the balance of a 2 year contract if my doctor told them to freeze my account
Chicago, IL
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Posted about 1 year ago in Contracts / Agreements
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gym contract:
hi i signed a 2 year contract with women's workout world, and got pregnant along with a doctors note and told them to freeze my account and stop charging me until i would be able to use the machinery again. they wouldnt stop the payments and threatened to send me to collection agency. i dont have a job, i am 4 months pregnant, and have a one year old to care for, they are asking me to pay the whole amount of the contract instead of monthly payments now. what should i do. please help
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Answers (3)Christopher Salvatore Nudo
This attorney is licensed in Illinois.
Posted about 1 year ago.
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The key word in your question is the word, "contract." The written contract terms usually control the rights and obligations of the parties. However, at times there are extraordinary situations that overrule the terms of the contract. With that said, the first thing that I would do is to get a copy of the Gym contract and see if there are any circumstances that permit you to adjust the payment terms. You have asked the Gym to "freeze your account", which is an adjustment to the payment terms. If it does not provide you a way to adjust the payment terms, then I would look to see how you can terminate the contract. Once you have established both of these items, the next thing I would do is see if there is a penalty or consequence for these changes. I understand your frustration with the Gym's unwillingness to cooperate with circumstances. The best way to handle these types of situations is to review the terms of your contract and then find someone who is in charge at the Gym, (or corporate office) who is capable and willing to assist you. A lawyer may be of assistance in negotiating with the Gym and interpreting the terms of your contract. Hope this helps.
Mazyar Malek Hedayat
This attorney is licensed in Illinois.
Posted about 1 year ago.
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First, get a copy of your contract. Nearly all gym contracts provide for a 'freeze' during special health conditions such as pregnancy. During the freeze you shouldn't have to pay dues - or pay a minimal amount.
Second, Illinois likely has a particular law that governs this kind of contract (i.e. gym or health club memberships) so you might want to contact Lisa Madigan, the Attorney General. Go on the web and find the Attorney General's site - look into the consumer division. Third, document each step - send your doctor's note and request for freeze to the health club via certified mail so you have a receipt; document each phone call or conversation (place, date, time); and keep a list of the people you talk to. All this information will be necessary when communicating with the AG's office. Finally, even if the matter goes to collection you can contest the claim by sending the collection agency all the copies and data you've kept. If that doesn't help you can send the same information to the credit bureaus along with a credit dispute form. I hope this information was helpful. Good luck in your endeavors. Alan James Brinkmeier
This attorney is licensed in Illinois.
Posted 9 months ago.
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Although Lisa Madigan's Attorney General’s Office here in Chicago may do something to assist you, the Attorney General’s Office - as a general rule - is prohibited from privately representing citizens in legal situations. However, her Illinois Attorney Generals' website can assist you in getting a lawyer, so go to that website, click on Protecting Consumers, and then click the link to see the list of referral attorneys in the field that might offer you specific advise.
I hope this added information to what Mr. Nudo and Mr. Hedayat provided is of some help to you. And...good luck to you. |