Legal Question in Civil Litigation in California

In July of this year I signed a (3) month contract with a new Gym. In addition to this I purchased (30) personal training sessions with a trainer. I personally knew the trainer that signed me up as he was my personal trainer at a previous gym and I feel comfortable with him. He began contacting me months before the new gym opened looking for business. My (3) month membership ends today with (16) sessions on the books. Due to some unforseen health issues I was not able to complete all sessions in the (3) month time frame. (The gym is not disputing the (16) sessions). Yesterday I walked into the gym with a check for another months membership so I could complete my training sessions. After paying my trainer comes to me and tell me he is moving out of state...leaving 10-27-10. I decided not to renew and mentioned I have (16) sessions that need to be returned. The owner quickly offered me another trainer (the only other trainer employed at the gym). I declined and she said there are no returns no refunds. The contract does state no refunds however I feel that they are breaching the contract, not me. The trainer and I signed their contract along with another employee, it does not say that I have to use another trainer, at least I cannot find it if it does state this. I signed the initial contract in good faith and was prepared to renew yesterday again in good faith. I am only asking to have the unused sessions refunded, the gym is not out this money and again I feel they are breaching. Thank you in advance for your advice.


Asked on 10/21/10, 9:20 am

1 Answer from Attorneys

You are dealing with an area of the law that befuddles many a law student in first-year Contracts class: the personal services contract. In fact, your situation would make a decent law school exam question. Unfortunately for you, it would be a good exam question because it has no clear cut answer and calls for an elaboration of all the law regarding personal service contracts and the fungiblity of services. At the core of the issue, however, is whether the services of your favored personal trainer are so unique and personal to him or her that the gym cannot fulfill the contract as a matter of law by providing an equivalent trainer. As much as you subjectively only want to work with your favored trainer, it is far from clear that another trainer objectively cannot be substituted. Clearly if you had contracted with the San Francisco Opera to have Anna Netrebko sing arias from La Traviata at your wedding, and she cancelled and they offered one of the sopranos from their chorus, they would be in breach. Personal trainers are much more of a gray zone. If your favored trainer has a degree in physiology or something and the one you are offered is a high school drop out, the case would be pretty strong. But if they are basically equally qualified, and it is a matter of personal preference, you may not get to far.

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Answered on 10/26/10, 12:34 pm


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