Legal Question in Consumer Law in California

health club contract cancellation

I wanted to use a fitness health club for 3 months before I moved out of the city, so I asked the general manager to give me the best deal. He told me that the best deal would be to prepay $750 for an annual membership and to cancel the membership at the end of the 3 months. He also wrote and signed on the contract, ''no cancellation fee if leave''. I signed the contract believing that I would not have to pay any fees if I cancel the annual membership, and that I would get the remainder 9 months of unused fees returned. However, when I canceled the contract I was told that ''cancellation fee'' referred to the ''early termination fee of $100'', and was therefore charged $215 for ''not Fulfilling Agreed Upon Term For Months of Membership Used'', $59 for complimentary equipment, and $125 for 2 additional months of dues for the time it took me to provide proof of move. Can the health club charge me for the above fees if the manager agreed to ''no cancellation fee if leave''?


Asked on 1/16/09, 7:33 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: health club contract cancellation

Interesting. The usual case is that the health club enrollee gets a promise of no cancellation fee, but it's not in the written contract. Since yours is in the written contract, take 'em to small claims court -- their collection computer doesn't know what was handwritten on the contract. Good luck!

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Answered on 1/16/09, 7:40 pm


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