Legal Question in Consumer Law in Florida

How binding is a health club contract?

I took out membership to a local gym in April 1999. I signed a two year contract paying monthly.

In August 1999 I sustained an injury to my hip resulting in my being unable to continue with classes at the gym.

I have since (Feb 2000) been diagnosed by a specialist as having Bursitis. I still cannot take classes or exercise at the gym due to pain and lack of mobility.

I have tried to cancel the contract with them but they require a signed letter from the specialist saying that I am permanently disabled and cannot exercise. The Gym says that without the letter I cannot cancel my membership and must continue to pay the subscription fees.

As it is unclear how long the injury will take to repair, or even if it will repair and I am still unable to use the gym, I want to know if I have any right to cancel the contract in writing and stop the subscription payments and also what action the gym might take if I do this.


Asked on 5/17/00, 1:48 pm

1 Answer from Attorneys
Christopher Wigand Fenster & Faerber

Re: How binding is a health club contract?

If these were the terms of the contract that you signed when you joined the gym then you are bound by those terms. If you try to cancel early you may be liable for the remainder of the membership depending on what the penalty clause of the contract says. If you are really injured though why don't you just get a letter from your doctor and cancel the membership that way?

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Answered on 7/05/00, 8:53 am


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