What are my rights if I signed a contract and made a payment for a fitness club membership but 2 days later they called and said they were not going to honor the contract?

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What are my rights if I signed a contract and made a payment for a fitness club membership but 2 days later they called and said they were not going to honor the contract?

hey stated to corporate office would not honor the contract because the rate was too low. Can they do that?

Asked on June 8, 2015 under Business Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, they can't do that: a contract is a contract, absent fraud or illegality or *mutual* mistake (that is, both parties, not just one, thought it meant something other than what it did), and even if one party (the health club) misjudged its profit margin or costs, etc., it is still bound to it. Of course, if they absolutely refuse to honor their obligations, to get them to do so, you'd need to sue them, which may or may not be worth the time and cost.


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