Legal Question in Consumer Law in California

Business changing terms of a contract

In 1993 I entered into a contract with Large Fitness Club. My membership stated that I was an ''All Access & All Club member''. In the eleven years I have been a member they have undergone changes and have since tiered the levels of memberships they offer. In so doing this my membership classification has been dropped to what they call a ''Fitness membership'' which is below a ''Sport Club'' membership. All the new clubs they are building are considered ''Sport Clubs''.

Is this legal? THey are telling me I have to upgrade my membership to use their new facilities. My concern is that I have since misplaced the original contract I signed.


Asked on 9/09/03, 4:11 pm

2 Answers from Attorneys
Alvin Tenner Law Office of Alvin G. Tenner

Re: Business changing terms of a contract

Hoffman gave the best answer.

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Answered on 9/10/03, 11:40 am
Roy Hoffman Law Offices of Roy A. Hoffman

Re: Business changing terms of a contract

It would depend a great deal on what the original contract said, whether they have notified you of rate increases, and the amount of membership dues you have paid during that time. If you are currently paying dues at the "fitness" level, and have been doing so for an extended period of time, they may be within their rights under the terms of the contract. If you don't have a copy of the original contract, the fitness club should be able to provide you with a copy, or at least with a copy of their standard contract at the time you joined. Get a copy of the contract and review it to determine exactly what it says.

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Answered on 9/09/03, 4:52 pm


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