Legal Question in Civil Litigation in Texas

Gym Membership Cancellation

I am a member of a gym and this gym has not been providing the services they should be. The gym does not open on time, the air conditioning does not work, and the stereo system does not work. These things make it impossible to work out there. I have read the contract and it doesn't say anything about what they have to provide. The only ways it says the contract can be terminated is if the gym closes, the member moves where there isn't a gym within 25 miles, or the member has a doctor's order preventing them from working out. Doesn't a contract imply that a service is to be provided for payment? Is that contract voided if that service is not provided? Would I be able to take something like this to small cliams court or would I have to go to Justice court?


Asked on 9/28/05, 6:07 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Gym Membership Cancellation

Welcome to the marvelous world of contracts. You signed it, and you're bound by it. If they have the building and equipment, they've satisfied their part of the contract. Unless it says "comfortable" or "air conditioned" and "stereo music" they're not bound to provide it.

Does the contract stipulate their business hours? If not, being open for some time during the week is more than meeting their obligations.

Is there anything written in the contract that they are required to provide, perform, or do in general, that they've failed to do? If not, they've held up their end of the agreement.

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Answered on 9/28/05, 6:47 pm


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