What are my rights when it comes to cancelling a gym membership?
Shannon T asked:
I closed the credit card account that I had originally used for my membership and called the gym to give them a new # to use. They failed to charge the new credit card and charged me a fee of $25. They also told me and my friend who joined with me that if one of our cards was declined, that they would take it out of the other person’s card to avoid that fee. Which they also failed to do. They told me they would take the $25 and apply it to my next month’s payment. It’s been 3 months and no $25 has been given back to me. They keep promising that it will be taken off next month. I want to cancel at this point without having to pay the cancellation fee since their business *****. Do you think this is possible or justified?
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Tags:Cancel,Cards,Gym Membership
I closed the credit card account that I had originally used for my membership and called the gym to give them a new # to use. They failed to charge the new credit card and charged me a fee of $25. They also told me and my friend who joined with me that if one of our cards was declined, that they would take it out of the other person’s card to avoid that fee. Which they also failed to do. They told me they would take the $25 and apply it to my next month’s payment. It’s been 3 months and no $25 has been given back to me. They keep promising that it will be taken off next month. I want to cancel at this point without having to pay the cancellation fee since their business *****. Do you think this is possible or justified?
See your 2008 Updated Credit Report here
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Filed under: Law & Ethics on March 20th, 2009
See your 2008 Updated Credit Report here
Yes you can just cancel. I assume you didn’t sign a contract in which case they don’t have a leg to stand on. If they haven’t taken the money thats their problem.
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Sometimes billings issues can take forever to get right. Just keep on them, and read your contract thoroughly to see what your cancellation options are.
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I would go talk to the highest member of management and explain maybe they will reason with you. Some people who work at gyms are informed on proper management and what to do in situations such as yours. Unfortunantly gyms usually make you sign contracts and to breach the contract you must pay a fee (which you would have agreed to when you signed the contract). However if you can prove that they have not fulfiled their obligations or the services promissed, or caused health problems you should be able to legally breach it in a court of law. A judge must breach the contract though.
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They have done you wrong. They were wrong about not changing your credit card number in the first place. 2nd they can’t take your fee out of any one elses card without that person’s permission, that would be like stealing a credit card and using it. They can’t charge you for canceling a membership at a gym. Make sure you have all your info straight, go to them and ask them for a copy of the agreement that you signed and tell them you are now taking this to a lawyer. Don’t really or you can most consultations are free and you can scare them a little into that. Have you talked to the owner of that gym yet? Good Luck!
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About the only thing you can do is talk directly to management and explain your problem. Talking to whoever answers the phone will not get it as you are just one of a thousand things they have to do.
If you signed up for a specific time period then only the manager can help.
Go to the center and find out who runs the place. Get in contact with them. That should help your case.
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This seems to be a rampant problem in the industry. First, contact your credit card company and dispute the charge. That will give the gym more motivation to correct the billing.
Secondly, start to put everything in writing. Write a letter to the gym detailing the problems and telling them you are cancelling the contract for reason that they have violated the terms of the contract and what was told you (the bit about charging your friend’s account). Be sure to detail about the non-refunded $25.00 including what was told to you, who told you, when you were told, etc. Send out two copies of the letter, one by certified mail and one by regular mail.
Tell the credit card company that you decline to accept any more charges from the gym. Now the gym may come back and say you can’t cancel and have a reason(s), but hope for the best, they may not want to mess with you anymore and just drop the contract.
Third, review your contract. It will have the specific terms and detail how to cancel the contract. If you are a student, your university may have a lawyer available to the students and the lawyer may be able to help you figure out the mess. If not, you may want to contact an attorney and for a small fee (maybe less than the cancellation charge) write a letter and help you get out of the contract.
I’m not an attorney, but you need to act timely so that your rights are protected and so that you do not waive any rights or remedies for reason of the expiration of the applicable time limitations.
Good Luck.