Legal Question in Consumer Law in Texas

My gym has been playing religious specific music over the public speaker system for months now. I've been getting nowhere with talking to the manager or the owner. There is nothing that states that this is a religious affiliated gym except over the speaker system. Can I legaly get them to cancel my contract? They want to charge me $150 to cancel it but I feel like that's being kicked while I'm down. Is this a non-meeting of the minds that means a contract was never fully made, or can this be a lack of disclouser on their part that voids the contract? Please tell me what I can do to either cancel my contract or get them to stop playing the religious specific music and play something we all can enjoy.


Asked on 9/17/09, 9:47 am

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

Generally, a business has the right to play any kind of music it wants to.

But your contention would be: I signed up for a gym membership; I didn't sign up to be evangelized. You should write a letter (a PAPER letter, not an email, and don't make any phone calls): "I hereby cancel my contract effective because you have created an environment where it is impossible for me to enjoy the benefits of club membership, and therefore you are not performing under our contract. I have told you repeatedly that I do not listen to religious music at home, and do not want to be in a place where it is played, and you nevertheless persist in programming this type of music over the speaker system at your facility. Because the breach is yours and not mine, I will not pay a cancellation fee."

Send this letter to the main address, and if you have any other addresses (corporate office, etc.) send a copy to each such address. Keep a copy for yourself. Just for fun, show on the letter (at the bottom) that you have also sent a copy here:

Office of the Attorney General

Consumer Protection Division

PO Box 12548

Austin, TX 78711-2548

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Answered on 9/22/09, 12:38 pm


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