Legal Question in Consumer Law in Washington

Contract of indefinite duration

I signed a contract for a health studio. It was titled ''Monthly membership agreement'' and therein it held me to pay ''monthly membership dues.'' I paid for three months in advance, thinking the contract would terminate upon the end of that time. However, the studio, requiring thirty days written notice, is requiring I pay dues for a term past those three months. RCW 19.142.040 states that such a contract shall include ''(4) A statement of the duration of the contract.'' There is no fixed duration listed in the contract, which is why I had the impression that the three months I signed up for was the duration of the contract, afterwhich I would not be held responsible for dues. Having not explicitly listed any fixed duration extending past three months in the contract, can the health studio hold me accountable for a fourth month of dues?

My warmest regards to LawGuru for this service and to the attorney who previously helped me on a related question.


Asked on 9/14/04, 1:00 am

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: Contract of indefinite duration

Hello again - I think: You havn't signed an indefinite contract, you have signed one that is for a thirty day term with an automatic renewal in the absence of thirty day's notice of intent to terminate the agreement. Analogize this to a month - to - month tenancy. The landlord presumes you intend to stay if you don't give notice. You presume your continued presence is OK if the landlord doesnt give you notice. Here, your error was that you thought you were buying three months in advance, but actually, the deal was to pay each month.Separately. To cancel you have to provide the requisite notice. Whatever the contract says - here I think you said 30 days. Sorry - I think you'll just have to pony it up or face the possibility of small claims or collection action - and the cost of one month of health club dues is far outweighed by the potential damage to your credit rating by your attempting to get out of paying this debt. I wish you the best, but - honestly, just pay it, and October as well and give them notice October 1. Powell

Read more
Answered on 9/14/04, 1:17 am


Related Questions & Answers

More Consumer Law questions and answers in Washington