What to do if I signed an agreement with a local fitness club but they are not honoring the claims made in their sales pitch?

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What to do if I signed an agreement with a local fitness club but they are not honoring the claims made in their sales pitch?

The told me I could use any of their clubs, now they tell me I can only use the club I signed up at, and that I can upgrade my membership for an additional fee. The contract does not contain any language to support either position. I requested to cancel my membership, and they are refusing saying I signed it and must honor it. I don’t know if this is relevant but I have not used the facilities yet, not a single time. Also, I did not sign a paper contract, I signed an electronic pin pad, and never received a hard copy of the agreement.

Asked on June 26, 2012 under General Practice, Pennsylvania

Answers:

Andrew Goldberg

Answered 9 years ago | Contributor

You are bound by the terms of the contract as you signed the pin pad. I would do 2 things. First, read the contract and see if there is language pertaining to a time- periond within which written notice must be giver to terminate the contract. Some  contracts allow for termination after giving 60 or 90 days of notice. Go on the internet or even the fitness club's website. See if the fitness club advertises the availabilty or access to all rather than a single location. In the club itself, see if there is a brochure advertising the availabilty or access to all locations. If you sue in your local District Court,  those ads are evidence  supporting your position. By that, you would sue for breach of contract and seek full reimbursement of your money. Good luck.


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