Legal Question in Consumer Law in Florida

Re: Gym membership

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

There is no quick and easy answer to this question. Your wife signed a contract and has an obligation to pay pursuant to the terms of the contract. The fact that she was victimized in the parking lot does not automaticially relieve her of

her contractural obligations. Frankly, the owner of the gym is foolish in creating bad will and encouraging her to speak poorly about her incident to fellow gym members. She should meet with an attorney who can send a letter to the owner firmly suggesting that it would be in the gym's best interest to release your wife from any future obligations.

Scott R. Jay, Esq.

Re: Gym membership

You can either sue to cancel the contract or just stop paying and see if he sues you and then defend against that. I would document in writing the problems you have learned with the gym location, your wife's attack and that she cannot safely go to the gym. The Gym may have some liability itself if he knew about the problems ad neither warned his customers or provided adequate security measures.

Re: Gym membership

The owner is being foolish in creating bad will. However, your wife did sign a contract. The circumstances may permit you to terminate it. You should either stop paying and see if he pursues the matter (if he does get an attorney right away) or have an attorney send him a demand letter threatening to sue for breach of contract if he didn't let you out of the balance of the contract term.