What option do I have?

Question

OK... so I go to a gym.. womens only workout.. Here is the problem.. another location of my gym is under investgation by the states attorney general for taking money and signing up members since last April but not opening. (I just found ALL this out last week) and I heard the location I go to is also for false advertising.. now.. today when I went there there was less than half of the cardio machines there and a huge vacant part of the gym.. now the resistence machines are there.. What would you think? Also, in the 90's the same owners were the owners of gyms that all the sudden and unexpectedly closed their doors. If that happends.. what can I do? I signed a contract.. but would I still have to pay if they closed their doors? Would there be a way to fight my contract and be reimbursed for what I did pay?

I don't watch desperate housewives thank you very much.. I can send you the link to the news story if you wish.... good grief.

Answer 1

If the facility is not providing the services you contracted for, you may be entitled to rescind. However, what often happens is that customers sign a one-sided, unconscionable promissory note which is then sold on to a third party without notice of the insolvency risk, etc. of the serviced provider.

You may have federal and state consumer law protection. Also, if the firm goes into Chapter 11 bankruptcy protection it is likely either to close or to be taken over by a competitor.

It's hard to imagine you getting money back for past payments; but if machines are disappearing (being sold? moved to other branches?) you can claim (subject to the above) that you are not getting what you paid for. In order not to risk your credit rating I would suggest taking out a small claims court summons.

If by chance you paid with American Express they will go to bat for you. Other credit card providers usually won't, but you still may have legal protection under relevant credit laws.

You might want to contact your local BBB (which can tell you if others are complaining) and your state's consumer protection (or consumer fraud) bureau.

Answer 2

Hmmm, that sounds like no fun :-(

Looks like you should obtain a copy of your contract next time you're at the gym. Also, make sure to differentiate between the "evidence" and the "gym talk". It sounds like things are heading in the wrong direction though, so it may be time to look into opting out of contract. If the fees are low enough to justify the monthly payments without the use of workout equipment, you may want to consider the opting out. Otherwise, look to see the conditions of your contract to better understand your current and future options.

Good Luck

Answer 3

1) are you still happy working out there? then no problem
2) if not, and if you're on credit card billing, cancel the contract and call your CC company to tell them the deal and dispute the charges.
3) if you're not on CC billing, just cancel the contract. They'll have to sue you, low likelihood. Maybe take some pictures of the inside of the gym first, and build a newpaper file in case you ahve to go to small claims court.

Answer 4

You would not have to pay if they failed to deliver their product as stated in the contract. You can absolutely fight this, very easily might I add. Good luck =)

And to the HookieJr fellow... Dude, no need to be a douche bag. Either answer her question and try saying something useful, or shut the hell up.

Answer 5

Stop watching Desperate Housewives.

Answer 6

You would think if they don't supply the goods then you don't have to pay.