Legal Question in Consumer Law in New York

Gym cancellation policy - I never signed it

I joined a gym/health club over the phone last November. The sales guy told me that I wouldn't be ''locked in'' to a contract as I was a friend of a friend. I paid $496 on the first day for joining fees and the first month. I was told my first monthly payment would be taken at the end of January.

In mid January, having been a total of 2 times to the gym, I decided to cancel. Even though I was told on the phone that the cancellation had been processed, I was still charged for January.

I disputed the payment with Amex, and the gym responded with paperwork stating that there was a 45 day written notice period. They also included a signed agreement, with my name, and a signature. The signature was not mine; I never signed anything.

Should I be legally bound to pay this considering that I never saw this agreement and certainly never signed it?


Asked on 3/31/08, 7:11 pm

1 Answer from Attorneys
Steve Brodsky Esq. CheapNewYorkLLC.com

Re: Gym cancellation policy - I never signed it

No. In addition, if your signature was forged, the club may face criminal charges. However, be aware that if the club sues you, you must respond. You cannot ignore the summons. Contact an attorney immediately in the event you are served papers.

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Answered on 4/01/08, 8:42 am


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