Legal Question in Business Law in New Jersey

refund of training sessions at the gym

I own a fitness center, i have a sign posted NO REFUNDS on 2 walls. I have a client who claims that he hurt his neck at his job and cannot train for some time , i told him i would freeze his sessions until he was well, he refused stating he just wanted his money and that he had a dr.s note. I continued to explain our firm policy is no refunds but that i would transfer them to his girlfriend or daughter(both currently are training at this location) He refused saying he will sue me.A new fitness center is due to open 1 mile away and It was told to me he was joining there, i do believe he is injured but that when he is well he wants to go elsewhere does he have any legal rights and do i need to refund?


Asked on 2/09/02, 12:09 pm

2 Answers from Attorneys
Dale Lundquist (Solo)

Re: refund of training sessions at the gym

Generally not. You have a binding contract and it's not your fault your customer can't use your facilities. He can sue but I can't see how he could win.

Dale Lundquist

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Answered on 2/09/02, 12:31 pm
Glen Chulsky Law Office of Glen H. Chulsky

Re: refund of training sessions at the gym

You need to consult an attorney experienced in the New Jersey Consumer Fraud Act. Your business is one of the areas that New Jersey has set forth extensive regulations about. You are required to comply with those regulations even if you don't know about them. Those regulations set forth cancellation policies. If you violate any of the regulations, you may have to pay the customer triple his damages and you WILL pay the customer's attorney fees. You can check out my website for more information at: http://www.lawguru.com/users/attorney/yogidog/index.html You can also contact me for a no cost consultation.

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Answered on 2/09/02, 12:57 pm


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