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How can I go about getting a refund from a personal training sessions that were unused.

Santa Clara, CA |

contract says no refunds but there was a breach of contract when the trainer that I signed up with left the company and contacted me directly threw email to let me know that she would no longer be with that gym . . . . How do i go about getting a refund the credit is to large to just give up on

Attorney Answers 3


Since you signed a contract with the company (as opposed to the specific trainer) agreeing to "no refunds," it is unlikely they will refund you for unused training sessions. You may consider requesting that they permit you to assign your training sessions to someone else, in the event you know someone who would make use of them.

Please be advised that this answer is for general informational purposes only. This answer does not constitute legal advice, and does not create an attorney-client relationship.

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It depends on who the contract was with. If it was the gym and not the specific trainer, then you would probably not be entitled to the refund. But, the gym would have to honor the agreement by giving you the rest of the training sessions with another trainer.
If it was with the gym but for that specific trainer, then you may be entitled to a refund, since they obviously can't fulfill the contract if he is no longer there.
Take the agreement to a local attorney for a consultation.

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I will tell you what I tell everyone that has a written your contract. Is your contract with a personal trainer or is it with the gym facility? If it is with the gym facility, it will probably indicate that they can provide you with any properly trained trainer and your contract was not just exclusively with this one trainer. If your contract was exclusively with this one trainer and if you joined exclusively with this one trainer and the trainer leaves the employ of the gym, then you certainly have an entitlement of reimbursement based on failure of performance. If this is the case, then you should file an action with the Small Claims Court which you can file up to $10,000 to seek relief.

I hope this is helpful.

John N. Kitta

This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.

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