I signed up for a new gym and enrolled in their auto-deduct payment plan. I also signed up for a training package. I was told at the time that there was no contact but I did sign a contract that said I would complete 6 months or pay the remaining balance. I didn’t realize what I was signing when I did this, but that’s my own fault. After three months of training I told the trainer I wouldn’t be able to return for a while. (The real reasons were because he was on his phone for the duration of the training, he never did remeasured me, he didn’t fill out the monthly check-in’s like he said we would do, etc)
When I told him that I wouldn’t be back for a while he told me I owed $800+ dollars. No questions or anything. He asked when I would be by to pay. I told him I didn’t anticipate his response so I wasn’t sure. He didn’t respond. This was on a Sunday. On the following day he charged my debit card for the $800+ dollars without my knowledge.
I don’t think he was authorized to charge my card for this additional amount. I don’t know how to dispute this.
Greetings, it sounds like the gym did not fulfill the gym’s part of the contract which could be a possible breach of the contract. Moreover, I am curious about what provisions are in the contract regarding the gym’s ability to accelerate payment, i.e., the $800.00 charge, without notice.
A contract is nothing more than an agreement. You promise to do things and the other side promises to do certain things. Whoever does not keep their promise breaches the contract and is potentially in default on the contract. Your legal issue is highly fact specific and contract language specfic. It is difficult to answer your question without knowing much more details.
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