Legal Question in Consumer Law in Utah

Cancelling Gym Membership, Broken Promises

In Sept, I signed a two year contract for a gym membership. They were promoting a new facility that was projected to be finished in January, 2005. This was the primary reason why I signed the contract. The new facility would be within eyesight of my home and was promised to have state of the art equipment, Olympic swimming pools, raquet ball courts and other ammenities not available at the current facility. As January came and went, the completion date shifted to summer--but as summer came and went--the new facility was promised to be completed in fall. Promises aside, no observable progress has been made toward the completion of the (mythical) new facility. I also learned that these promises had been made to dozens beginning nearly a year before I signed my contract. In April I began a frustrating process of attempting to cancel my contract. After being told that my contract had been canceled, the gym continued to withdraw money from my checking account. After another bout at attempting to cancel my contract, I was then told that I can not cancel my two year contract.

I am wondering if I can, indeed, sue to cancel my contract? Also, can I sue for the full contract amount?


Asked on 7/24/05, 11:04 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Cancelling Gym Membership, Broken Promises

You can sue (probably in small claims court) for the full value of your contract. Explain to the judge that you relied on the gym's promise of a new facility, and that had they not made that promise, you would not have bought. The gym will argue that their contract language states that there you are relying on no other promises - but the court should be sympathetic. If you know of other disgruntled customers, see if they will band together to file suit in District Court. Note the gym should have to hire an attorney to appear and it might be cheaper for them to pay you back you money than pay for an attorney. Check the contract to see if there is a specified location in which cases need to be filed.

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Answered on 7/25/05, 3:15 pm


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