what can i do about golds gym contract??? please help?

Question

me and my husband were thinking about joining golds gym we went up there looked around and we decided i liked it and i was going to join. we filled out papers about my health and stuff and the manager had me sign a liabilty waiver. thats all she said it was and she had my husband sign a paper for eft. for the monthly payment. my husband said he wanted to think about it and we had left our credit card at home anyway. we told her would would call back with the #. looking into at home we found out there was a contract of 12 months connected with it. next day i called and confirmed it. now two weeks later she is calling me leaving voicemails saying that i signed a legally binding contract. she never once told me thats what i was signing thats why the next day i called and asked her if a contract was involved. and she even told us that day without our credit card info she couldnt do anything as far as me joining that day. so what should i do? am i stuck in a contract? is it legally binding

Answer 1

It's a tough one. Did she really say that the ONLY thing it was was a liability waiver? Did she assure you that this wasn't part of the contract? Was it LONGER than a liability waiver (as in, if you'd even glanced at it you could tell it was a contract)?

While there's a way to escape a contract based upon fraud, this case seems hard to prove because there's so much evidence stacked against you. Usually an EFT form is separate and apart from the contract for whatever it is you're buying. On top of it all, you've got the writing that's probably more than a page or two. And if you said "well, we left our credit card at home," and "we'll think about it," those are statements that go more to whether you want to use EFT or some other payment method vs. whether you want to use the gym.

There are more facts here... the contract isn't available, and you haven't provided context for all of your communications. The biggest point I want to make is that you need to contact an attorney licensed in your state to help you out with this case, since it's so factually and legally tricky, if you really want to understand your legal rights.

Answer 2

I hope you have not given them any money or your credit card number. Without that, they will have trouble collecting on the contract.

Be sure to document what you have said here (write it down) and use names and dates.

Read every word in the contract they had you sign. It probably has a place that says how to cancel it.

Look through the entries on the search list I have provided: