I signed up for a 6 week challenge at a local gym. I paid $500 and if I beat the challenge (losing 5% BF) I would get a full refund. I only lost 4.6% BF. I was given 2 options, 1 was to get a 1 year membership or do a month to month membership. If I did the month to month they would honor a month and a half only. They never communicated to me that I only had 7 days to make my decision. It wasn't in the contract either. I went in today (the challenge was feb 27 - mar 10) to begin my month and a half membership and the owner told me that since I didn't call within 7 days of completing the challenge that I forfeited the month and a half. I told her that was never communicated to me and that it was no where in the contract. She said it was verbalized on the final weigh in and again I told her it was not. She proceeded to find how much I lost and could not find the records, so they didn't even keep proper records of my progress. She offered me only a month membership and said the other owner would not approve so I took it and signed a month contract. It is the principle of honoring these things and it is not right that they would not honor the month and a half membership.
If I understand your facts the short answer is you don't have much of a case since you signed the one month contract. The acceptance of the one month contract appears to be a compromise of your "claim" .
If you wanted to sue for a 1.5 months free membership, you should not have agreed to only 1 month. By agreeing to 1 month, you have probably resolved or compromised (or settled) your claim for 1.5 months.
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