health club fee
Get Legal Help Today
Secured with SHA-256 Encryption
health club fee
Seems my health club closed, that I hadn’t been using anyway, and gave my membership to another club in another city. They have been charging me for months my closed health club fee, which is higher than their fee. This sounds at the least unethical if not illegal. What do you say?
Asked on September 7, 2016 under Business Law, California
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Yes, if they bought the old club (bought either the LLC or corporation, if it was one; or even if they did not do that, took over the membership contracts), then they can continue your membership *as it was* and keep charging you what you were paying under the old membership, at least until the expiration of that membership (e.g. if there 7 months left on the then-current contract, they could charge you for another 7 months).
They can't charge you more than you had agreed to pay: if they take over the membership, they take it over as is and have to honor the then-in-effect terms. But that also means they don't have to give you a break or discount, if their fee is lower than the one you'd agreed to; for the remainder of your membership's term, they can charge you what you had been paying. And yes, that is unethical, but it is not illegal.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.