Legal Question in Credit and Debt Law in Texas
Contract obligations
I went to a fitness club with a friend to try the group classes they offered. Within a month of joining the manager started talking about moving to a different location that was bigger and newer. When summer started I didn't go to the club due to my kids being out of school. I fully planned to return when school started up again. I live out from town. In August of the same year I joined, I rec'd a letter from the fitness club stating that they were moving to a different, smaller location and to better serve their customers, they were no longer offering ANY group classes. The new location is much smaller and not a newer facility like was mentioned and they also changed their name.The manager made a comment when I was joining, that ''You look like someone who will keep coming no matter what''. By that comment, I feel like he already had plans to move to a smaller location and by not telling me when I joined, he misrepresented his business to me. I called my creit card co. and had them refuse any more charges. Now I rec'd a collections letter. Do I have a basis for canceling the membership since they did not disclose to me that they were planning a major change? I think they should pay me back for the 5 months I paid after they moved.
1 Answer from Attorneys
Re: Contract obligations
Meet with a lawyer. Simply changing locations or building sizes are not sufficient to claim a breach of contract. There may be more, but a lawyer would have to review the contract and all the facts.