If the terms of a gym membership contract are arbitrarily changed by the gym, does that void the contract?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If the terms of a gym membership contract are arbitrarily changed by the gym, does that void the contract?
As a member of a gym, they have changed their policy – aerobics classes were included in membership when the contract was signed and just a few short months later they decided to charge money for classes, in addition to the specified membership fee in my contract. I signed up specifically because they offered free classes and now they have taken that away. Can I legally get out of the contract? I have requested cancelling my membership but they didn’t want to let me out of the agreement.
Asked on August 10, 2011 Massachusetts
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In order to have a valid contract, there has to be a meeting of the minds which means agreement by the parties to the essential terms of the contract. If the contract is subsequently amended, both parties to the contract would have to agree on the amendment. The gym cannot arbitrarily and unilaterally make material changes in the contract. You should be able to cancel the contract since you did not agree to the new terms. If the gym refuses to allow you to cancel the contract, tell them you will sue them for breach of contract. Most likely after you tell them that, they will allow you to cancel your membership.
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.