Legal Question in Credit and Debt Law in North Carolina

Health Club Contract Signed Under False Pretenses

My boyfriend and I joined a spa in North Carolina in April. We said we could only go for a couple months because we were moving, but they only had three year contracts. The girl there said there were no affiliated spas within 30 miles of where we would be moving, so our contract would be easily cancelled. We signed it under the condition that it would be cancelled when we moved, but didn't actually write it on the contract. Also, the girl no longer works there. About a week after we moved, they just happened to find an affiliated spa in our area. Now we really need to breach this contract - we can't afford an extra $110 a month, especially since there's a gym I can use at school for free. Is there a way we can get out of this? I have proof that there were no known spas in our area at the time we signed it.


Asked on 6/24/99, 8:44 am

1 Answer from Attorneys
Stuart Williams

Re: Health Club Contract Signed Under False Pretenses

You seem to be in the right. Stop paying, if you haven't already.

However, it's not a slam dunk winner for you. In fact, it's rather a tough case. Don't ever agree to an important term orally and then sign something without writing in on there and having both parties initial it first.

LEt me know more, please, by e-mail to me.

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Answered on 8/01/99, 1:59 pm


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