Legal Question in Civil Litigation in California

2yrs ago in Aug of 2008 I signed a gym contract for a month to month pymt so I could cancel anytime as long as a 30day notice was given which was. I gave them my bank acct number to have my money taken from my savings. Well 3 months after I signed I had to cancel it because I bought a house and had a baby so any extra spending had to be cut. I verbally spoke with the owner over the phone and in person and explained to them why I had to cancel. He told me ok and that he would take care of it. I do not have proof of this conversation though. It is now june 2010 and after I called because of unusual transaction on my acct I found that I was still being charged for going to the gym. I called the gym and they said because in the contract it states that I have to write a letter to them saying I would like to cancel and that a verbal would not be accepted. Do I have a case? They owe me 1,700$. I never went to them gym because I had thought my acct was canceled.


Asked on 6/04/10, 6:51 pm

4 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

You might have a problem. Since the written contract required written notice, they could argue you are bound by those terms. You could argue that you reasonably relied upon the owner's verbal assurance that he would cancel it, but your not paying attention to it for over 16 months implies that you did not really reasonably rely because it was not reasonable to ignore your monthly account deductions for that long. They undoubtedly claim they have no record of your canceling. See if you can work out some type of settlement with them, but it wil be difficult to do.

Read more
Answered on 6/04/10, 10:03 pm
Mark Storm Law Office of Mark Storm 916-739-8552

Another angle is that the parties modified the contract verbally to permit verbal cancellation. However, you're going to have to prove that to be the case in the face of their denial that the conversation ever took place the way you describe. Unfortunately, we live in a world where people need to document the crap out of everything or they get ripped off. Good luck with your situation.

Read more
Answered on 6/04/10, 11:01 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

You relied on the verbal promise of some employee, but you didn't read the contract you signed, and only the written contract counts. If you continue to sign contracts that you don't read, expect more self-inflicted grief.

Read more
Answered on 6/04/10, 11:48 pm
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

First of all, why did you wait almost two years to object to the MONTHLY charge on your account. If you read your contract you would have seen the requirement that you cancel in writing. They gym will say that they relied on the contract and your continued payment and owe you nothing. Since you did not do what you agreed to do, i.e. cancel in writing, and probably can't prove the conversation (can you actually prove the conversation) you probably can't win. If you have not already done so, cancel in writing now. Perhaps if you are nice they will give you some credit for future gym use but I doubt it. A deal is a deal.

IMPORTANT NOTICE: The above response is not intended to, and does not, create an attorney-client, fiduciary or other confidential relationship with the responder. Neither does it constitute the providing of legal advice or services or the giving of a legal opinion by the responder. Such a relationship can only be created, and legal advice and/or legal services provided, pursuant to a written agreement with the responder. Accordingly, no obligations of any kind are assumed with respect to any matter or question presented. It should also be noted that legal issues are often time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.

Read more
Answered on 6/07/10, 9:35 am


Related Questions & Answers

More General Civil Litigation questions and answers in California