Legal Question in Business Law in Virginia

contract with Personal Fitness Training Center

signed their agreement and they took all the money up front - subsequently they were unable to provide the schedule promised; they assigned an unqualified trainer and when this was discussed they took the issue between me and them and went behind my back to a friend/also a client and ''complained'' that I was making it hard for them to meet my schedule (which they never did in any case) this has created a rift with my friend and made it so that I do not trust them to respect any privacy - what's next tell people how much I weigh or ??? When I told them they created an unsafe and hostile environment and asked for a refund of the unused sessions they waived their agreement - no refund policy. My thoughts they can no longer provide me the service I contracted for because of their bad acts - not mine - and so they are in breech - can you point me in the right direction on what if any laws there are on this type of breech?


Asked on 3/19/07, 5:40 pm

2 Answers from Attorneys
Ruth Emily Kochard Ruth Emily Kochard, Counselor at Law

Re: contract with Personal Fitness Training Center

You may have a claim for breach of contract or rescission of the contract. However, any such claim would be dependant upon the actual contract terms and the course of dealing between you and the center. I advise you to consult an attorney to more closely look at a possible claim.

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Answered on 3/19/07, 8:11 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: contract with Personal Fitness Training Center

These fitness centers have a long history of wielding their contracts of adhesion in effect as instruments for extorting their naive and gullible customers. It's unlikely that you will succeed in getting your particular contract rescinded or in being able to avoid additional charges by prematurely withdrawing before the term of your contract is up.

You will quite likely find, unfortunately, that these cutthroats with complaisant faces will likely hound you to the end for every last penny that they can pull from your purse which they claim is owed to them under the no-cancel contract which you willingly signed---when you had absolutely no idea as to what you were really getting into.

Their contracts remind one of the famous play by Jean Paul Sarte which came out around the time World War 11 ended. It's entitled: NO EXIT.

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Answered on 3/19/07, 8:54 pm


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