What to do if I cancelled a gym membership but I am still being sued for the balance?
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What to do if I cancelled a gym membership but I am still being sued for the balance?
I signed up for a gym membership 2 years ago. I read the terms and signed the papers. I also informed the rep that I mightbe moving soon and wouldn’t need the membership. He told me what I had to do if I did move where there wasn’t a gym. He also showed me on the contract where it was located for reference. I moved back to AZ and was not within 25 miles of one of their gyms. I then followed the procedures for relocation. This included sending $100 cancellation fee and a letter stating where I was located. 2 years later they are calling me saying I owe $2500.
Asked on June 30, 2011 under General Practice, Arizona
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
There was a contract in this case, you write. If so, the *contract* is enforceable--if it allowed you to terminate or cancel early under certain circumstances or conditions and you complied with those conditions, they can't then sue you (other than anything unpaid which you might owe under the termination clause--for example, if you had to pay a last month's membership even if you canceled correctly and didn't pay that, they could seek that month).
However, if the contract you signed did not allow early cancellation, then they may be able to sue you for the balance even if some employee told you otherwise--people are presumed to read the contracts they sign, so even if rep told you that you could cancel early, if you then signed a contract which doesn't allow that, you are bound by the contract. They key, therefore, is exactly what the contract says; that's what is enforceable.
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