If my gym is refusing me entry but is still charging my account each month, how can I get them to cancel my and my husband’s account?

I worked at a gym for a few months part-time while I was searching for full-time work. Of course, the gym paid minimum wage and we were unable to survive on that salary. We had just moved to the area. Before I became an employee, I was a member I worked out where I ended up working. I notified my employer that I was searching for other work because I needed a job where I could make a living I did not want to take him off-guard by my decision to leave. He said that was fine, just let him know. So I got hired at a shop in a nearby city, which paid twice what I earned there, utilized my college degree, and was full-time. The dream job, and very hard to find. The catch was that they were hurting for people, and I had to start in a week. I let the manager know that I was unable to give 2 week’s notice and that I would be leaving in one but would be happy to come in after my other job and train the new hire or help out as needed. He flew off the handle at me, at the front desk, screaming obscenities at me, including

Asked on September 1, 2016 under Business Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

There is no agency that takes care of this for you; what you will need to do is to sue the gym (if it is an LLC or corporation) or him personally (if it is not) for breach of contract: for taking your money without providing the thing (access and use of the gym) he agreed to provide. In court, you can recover the money he's taken for months when you were not allowed back in and get a court order that he stop charging going forward. But you will only win if you can show that you were, literally, barred from going back; if it's just that you understandably do not want to, or it would be very uncomfortable to go back, then you *could* still use the gym; if you could still use it then you are not being denied anything, and you can only terminate your membership under the rules in the gym contract itself for early termination.
If you believe that you have been denied use of the gym, you could also cut off payments: tell your charge card company or bank to refuse payments, because your membership was effectively cancelled--you were kicked out. You should still sue, to get the money back that he's already taken (you can sue in small claims court, as your own attorney, or "pro se," to reduce legal fees) and get the matter settled by a court, but in the meantime, why keep paying?


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