How do you break a contract?

Question

I signed with a new workout gym very close to my home and pay half ($150) for a 2-year contract. The gym was not finish at the time. It fell through because of the conflict with the city ordiance.

I guess they sold my membership to another gym further away.

I signed up with the new one because I can drop off my kids at the school pool that was only a half of a block away and I can go work out.

I can only workout at this time because I homeschool and do daycare all day. My husband goes to work from 6 p.m. to 6 a.m.

Now that the other gym is further away, It is nearly impossible to attend there with my time contraint.

Now they are demanding the remaining payment of $150.

I try to talk to them on the phone. But the person on the other line showed no understanding or compassion and ratted off the clause in the contract.

What can I do?

I was thinking about bringing all 7 kids with me and go talk to the owner of gym and tell him my predicatment

Answer 1

****REVIEW THE CONTRACT****

If they sold your membership to another gym then you need to tell them that they breached your contract first and that you are going to file a suit in small claims court (Judge Judy-type court) for what you have already paid and for harrassment.

****REVIEW THE CONTRACT****

Answer 2

Sounds like they created a breach of contract. A breach does not necessarily mean the end of the contract. It means a contract becomes voidable as opposed to void. When a contract is void it has no legal force or authority to any involved party. When a contract is voidable, the contract is still in effect with the option of voiding.

Because you went to the new gym and used it once or more, this can be interpreted legally meaning you accepted the change and have chosen to not exercise your option to void the contract.

But, more likely if you were to write the billing department a letter stating that you are voiding the contract due to breach of contract and send it certified mail, this may work. This should include exactly what you believe was the breach. You should include the fact that the original facility was not open when it was suppost to be. You should also note any equipment that was damaged and not usable and come up with any other reason. You could say that the support staff was not helpful when asked for advice or help with equipment. Ultimately if you read the contract you can contest any item listed on it with any excuse.

After you send you notice that you are voiding the contract for breach, if you get billed you can send a second notice by certified mail. Be sure to include the words, "if this notice of void and breach of contract is not contested in 10 business days in writing it will constitute your acceptance" on letter you send in writing.

Last, if still you get billed, then you should sue in small claims court. You should make payment and include a letter stating that payment should not be considered acceptance of the contract or similar words to the same effect. The letter should state that you are filling a court action to recover the money. By sure to make a check as payment that way you can produce proof you made payment and that they cash it. You can get a copy from your bank. Just go to your local court office and file for small claims for the full amount of the complete membership contract (even though you used part of it) in addition to the court and application fees, serving fees, etc.

In court, provide a copy of all the documentation including certification of delivery of your previous letters and tell your story. They judge will respect a person that diligently made a clear effort to cancel (void) a contract and can provide evidence.


Best of luck,


BennyB

Answer 3

You have a right to a complete refund. The gym was never completed and furthermore the fine print most likely has a clause that you can cancel the contract if you move and the distance is (blank) miles from the gym. Call the District Attorney in your city and file a complaint then look in the yellow pages for an attorney with "Free Consultation" in the advertisement. See if you may be able to file a lawsuit against them.

Answer 4

Im a legal secretary in NYS. the best thing to do, is obtain a copy of the contract if you do not have one already. search for any clauses that allow them to do what they did. if you do not find any, then call them on it, and if they still argue, threaten them with a lawyer. if the contract says its ok for them to do what they did, then you could still take it to a lawyer, or just pay the money. but beware - NOT ALL FIRST CONSULTATIONS ARE FREE. some lawyers charge, some dont. inquire before making the appointment. they will charge you for talking to them, even if you are unaware that there is a consultation fee.

Answer 5

Did you give them permission to sell your contract to another gym? I started at Bally's and they wanted me to do that 3 year thing. I told them I wanted a monthly contract that I could end at any time. If you can't get out of it, I would suggest paying the $150 and go buy you a bowflex so you can workout at home.

Answer 6

Does the contract you sign allow the gym to transfer your membership?

If it does, then you are screwed. If not, sue the new gym for the return of your membership dues.

Answer 7

They have actually commited breach of contract by moving the location. Talk to a lawyer, the first consultation is free.

Answer 8

They don't care. I think they could not "buy" your membership but since you singed up with them you are bound by the contract. Maybe ask them if you can "sell" your membership to someone else.