How do I get a copy of my contract of a gym membership? If they will not give me a copy.

Asked over 1 year ago - Sacramento, CA

Gym won't give me a copy of my contract. Even though I have asked for one and have been a member of the gym for a few months.

Attorney answers (2)

  1. Robert Harlan Stempler

    Contributor Level 19


    Lawyers agree


    Answered . I have free sample letters for consumers in the link, below, on a website. Take one of the letters such as 2.3 which is to cancel a sale and revise it to state that you request a copy of the contract and send that by U.S. Certified Mail, return receipt requested. In your letter, explain that you were never given a copy of the contract in violation of Civil Code Section 1812.82 and if they do not give you a complete copy of the contract within ten days, then you consider the contract cancelled, as they violated the Law for "Contracts for Health Studio Services." If after 10 days you don't have a copy, stop paying and stop going and send a second letter to that effect.

    In addition, I'd suggest that both letters refer to the Consumer Contract Awareness Act, which at Civil Code Section 1799.202 requires that the contract for consumer goods or services be delivered at the time of entering the transaction or within 10 days. Subdivision (b) also requires delivery of the contract to the consumer within a reasonable time of the consumer's written request. This law allows the seller to charge a reasonable copying fee and require that it be paid to deliver the copy, so I'd add to your letter that you will pay a reasonable fee for the copy.

    It's easy to get caught up in signing contracts for a new fitness center, car, lease, or other big ticket item, but never allow the seller to forget to give you a copy of all documents at that time, including the actual credit application. It should be one of those things that should be on everyone's list to get when they buy something.

    Robert Stempler (please see DISCLAIMER below)
    Twitter: @RStempler

    NOTICE: The above statements are provided for general information purposes only and are not intended as legal... more
  2. Scott Richard Kaufman


    Contributor Level 20


    Lawyer agrees


    Answered . Do note, if they refuse to give you a copy (after you've written) then you may have legal recourse against them, which may include them having to pay your attorney.

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