Legal Question in Consumer Law in New York
Gym Contract
I signed up for a 42 day workout program that was $1500 on 4/9. Contract said I had 3 days to recind if I chose to. On 4/11 I decided I could not afford to do this program so went to gym to get check back. No one was there so I called, spoke to the guy who signed me up and he tells me that because I went to a nutrition & info session, 1 hr each that I owed $349. I am going to try to stop payment on the check 1st thing monday but what recourse do I have if check has already cleared. Nothing was said about owing anything if I decided to back out in the 3 days. I also don't have a copy of the contract I signed they didn't give me one when I left and now of course they don't want to give me one.
1 Answer from Attorneys
Re: Gym Contract
It will cost you a lot more to get out of the contract, unless you fight it yourself in small claims court. If you are willing to do that, and they refuse to rescind for the entire purchase price, you should sue for the entire amount in small claims.
You will need a copy of the contract for the trial. You can ask the judge to direct them to provide one.
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