Legal Question in Credit and Debt Law in Illinois
Gym lied before/after contract + bad services- can I rescind?
When signing a 2-year gym K, I asked gym manager why 2 dumbells are missing, she said ''they�ll be fixed by next week''. I notified her how important full rack of dumbells is to me, that's what I use most. I asked why gym is closed on Sundays, she said that in couple of months, they're planning to be open on Sundays. I signed relying on this. During next 5 months, I've often asked about the missing dumbells. She acted surprised that they're not there, blaming it on someone else and lied that they'll be there ''next week''. Gym never became open on Sundays. I started coming in during rush hour, noticed that part of gym where I workout most, is filled with cigarette smoke coming from upstairs restaurant. I didn't notice the smoke before. It's very hard for me to breathe. This is a gym, a place to get healthy, not get lung-cancer. They started playing loud offensive rap music with obscene language, which I objected to, but they ignored. I noticed the weights are all over the place, but signs on walls ask to rack them - gym is not enforcing its own policy. They won�t let me cancel. I don�t want collection agency on record. Can I rescind on grounds of fraud, frustration, or substantial breach? Thank you.
2 Answers from Attorneys
Re: Gym lied before/after contract + bad services- can I rescind?
Yes you can stop paying them based on breach of contract, give them notice and chance to cure defects, and if not remedied, get your proof together and be ready to stand your ground to the collection agency or attorney, and have your evidence ready for court. You can even demand a jury trial.
Re: Gym lied before/after contract + bad services- can I rescind?
There are some very goof consumer protection laws in Illinois that might prove helpful to you. Specifically, the gym is required to provide you with notice of your rights under the law to cancel. If they failed to do that, the contract is unenforceable.
If you fax me a copy of your contract, I can give you a more complete answer -- free of charge.
Jay Edelson, Esq.
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