If I signed a contract for a gym and they have failed to charge me for months, can I cancel the contract?

I signed a contract with a gym for a monthly payment. I put a deposit for the first month when I went and had not returned since. In the last 3 months – I have not been charged. I have called a number of times with no returned calls or resolution. Can I cancel my contract?

Asked on December 6, 2011 under General Practice, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, unfortunately, their failure to charge you does not entitle you to terminate or cancel your contract. If they had failed to provide you some significant service, benefit, etc. that the contract provided for, that failure or breach might justify termination; but payment of dues, etc. is for *their* benefit, not yours, and you cannot use a failure or breach which affects their rights, not your own, as grounds to terminate the contract.


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