Legal Question in Consumer Law in Texas

How do i get out of a contract with a fitness club?

Is it legal to charge a member of a fitness club if they have only been there once and were treated badly and called the complaint line 3 times and left complaints telling them that we were not coming back. It's been 1 year and 2 months now since ive signed the contract and and i have only been there once. the daycare treated my 3 month old very badly and i have been treated badly as well. They had one child care lady for about 9 children. and ive been getting billed for a membership that i have only used once they have pretty much charged me $300.00 dollars for one day that i have worked out. Now if this is not illegal i need to know. Thats like getting cable that doesnt have any channels but you pay for it anyway. Its like making monthly payments on a new car that doesnt run. All they tell me when i try to cancel is that i either need to move away from the bally total fitness or i pretty much need to physically hurt myself bad enough to where i cannot work out. I feel that i am being taken advantage of. I was pressured into this contract and my child was treated wrongfully and everyone i tried to talk to it just seems like it goes threw one ear and out the other. What do i do and can anyone give me legal advise of my rights?


Asked on 10/11/06, 6:26 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: How do i get out of a contract with a fitness club?

Read your contract. They have duties. Find the terms that they breached when they treated you and your child wrongfully. Send them a certified letter RRR, advising them that they breached the contract on "blank" date by their conduct. Advise them of the language in the contract that they have breached. Then stop paying them. They mght sue you, they might not. In any case, you will have documentation of your defense.

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Answered on 10/12/06, 8:01 am


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