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Can my gym charge me fees for canceling if they agree to "no cancellation fee if leave"?
San Diego, CA
Viewed 365 times.
Posted about 1 year ago in Contracts / Agreements
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I wanted to use a fitness health club for 3 months before I moved out of the city, so I asked the general manager to give me the best deal. He told me that the best deal would be to prepay $750 for an annual membership and to cancel the membership at the end of the 3 months. He also wrote and signed on the contract, "no cancellation fee if leave". I signed the contract believing that I would not have to pay any fees if I cancel the annual membership, and that I would get the remainder 9 months of unused fees returned. However, when I canceled the contract I was told that "cancellation fee" referred to the "early termination fee of $100", and was therefore charged $215 for "not Fulfilling Agreed Upon Term For Months of Membership Used", $59 for complimentary equipment, and $125 for 2 additional months of dues for the time it took me to provide proof of move. Can the health club charge me for the above fees if the manager agreed to "no cancellation fee if leave"?
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Answers (2)Alec Scott Rose
This attorney is licensed in California.
Posted about 1 year ago.
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Review carefully the terms of the contract to see if the other fees you were charged are mentioned in the agreement. If you believe you were charged fees that exceed the terms of the agreement, consider filing a suit in small claims court for the balance of the refund. Your local small claims court may have a self-help clinic to assist you, or there are books in your local library or bookstore about how to use the small claims court in California.
Brian T Pedigo
This attorney is licensed in California.
Posted about 1 year ago.
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Many health clubs are notorious for doing these kinds of things. There have been some class actions related to this issue.
Under general contract law, you may have a claim for fraud in the inducement to this contract. Even if the contract clearly states these "fees and penalties," it sounds as if the manager orally misrepresented the meaning and intent of the contract. You have written evidence on the contract itself of the misrepresentation and/or source of confusion. Also under general contract law, an ambiguous contract is construed against the drafter. I would encourage you to fight this and sue in small claims court if the health club does not back down. |