If I joined a gym and the gym has not fullfilledits obligation. can I get out of the contract?

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If I joined a gym and the gym has not fullfilledits obligation. can I get out of the contract?

I signed a contract 7 months ago. They were supposed to open 2 months later but didn’t until almost 3 months after that. They keep making excuses of why the gym is not complete and I do not trust them. Can I break this contract if it has not fullfilled its side of the contract?

Asked on December 28, 2011 under General Practice, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

From what you write, you probably can break this contrat. Contracts contain mutual or reciprocal obligations; if one party does not fulfill its material (or important) obligations, that can provide grounds for the other party to terminate the contract. Not being open until months after the promised date and now, from what you write, still not being complete or (I would assume) offering the promised facilities should be the sort of material breach which would justify termination. If you do this, though, you do have to be prepared that if the gym does not agree, they may try to take action to force you to pay (e.g. sue); so even if  you are in the right, you may have to defend your actions in court.


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