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Gym contract: live and learn
#1
My 19 y.o. son went to a local gym (to remain nameless but its periodic chart symbol: Au) for a month this summer. He wanted one month only because he thereafter was returning to his university where the gym is 10 times better - and is 65 miles away. The local gym had been there for years and was often very busy. He paid cash. He told the salesman one month and was told that was just fine. Then he signed a contract without reading it. :bomb: And he lost his copy of the contract. :bomb: :bomb: Neither he nor I thought anything of it. Afterall, the business is well established with many customers, what's to worry about, it must be reputable, and he paid in cash.

At the end of the month he quit going. A month later they dunned him for more money. He explained everything and the guy doing the dunning said he would take care of it but that my son would still have to pay for the additional month up until that date. My son kicked himself, then paid in cash again. Lesson learned. Except now he has received another bill. Because he is away at college, he asked me to follow up on it. I called and was told that he would have to cancel in person. The gym has changed hands and they don't have anything to do with the old gym. The nearest gym is 168 miles away and it is a franchise which won't cancel another (closed) franchisee's contract. The customer service rep put me on hold to check with a supervisor, then told me there was nothing they could do about it. Didn't matter that the place was no longer in business. So he can't cancel.

I was listening to Clark Howard the other night who said never sign a contract for a gym. Paying up-front by the month is fine, just don't sign a contract. People have posted on the web that they are being dunned years later, sometimes twice a day. Some report that because they aren't current on their contract, the contract never runs out.
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#2
Many gyms do this, especially a chain/franchise, and make it next to impossible to get out of the contract as they usually have clauses that if you are with a certain distance (e.g. 100 miles) of one of its locations, then you are obliged to stay in contract.
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#3
It seems he can get out with a doctor's note saying he can no longer exercise or if he is deployed overseas. He is not in the military and he is fit so no doctors note.
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#4
Speedy wrote:
It seems he can get out with a doctor's note saying he can no longer exercise or if he is deployed overseas. He is not in the military and he is fit so no doctors note.

Hmmm. So, he's at college and is getting these dunning calls. I'm thinking the Counseling Center just might find that this is causing him anxiety and that anxiety is interfering with his studies. So, in their professional opinion, the place should cut him free because their actions are the source of his anxiety. At our college, mental health practitioner notes are given the same value as those from physicians. Phrased correctly, I'd bet they let him go. But, he better look anxious when he goes and talks with the counselors!
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#5
For now, we'll see what happens. I want to read the contract. The BBB gives them a B-.
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#6
If it was me, I'd send them a registered letter saying "I hereby cancel my membership, and will be liable for no further debt" or some such thing.

After that, If they try to collect again, I would tell them to go do something anatomically impossible, and then promptly find something to take them to court (small claims) over...

In short, once you send that registered letter, prove to them that you will be WAY more a pain in the arse than it's worth to them.

I'm not a lawyer, but somehow I doubt that a "you must cancel in person, and we won't accept a registered letter" clause will hold up in court.. even small claims. Of course, I could be wrong... (like THAT ever happens....).

OR... if you REALLY want to up the game...
Send them a dismembered pigs head (from your local slaughterhouse), unrefrigerated, with the "I quit my membership" note nailed to the skull with a 10 penny nail.
No threats... Just nailed to a pigs head.
Just showing them that it's REALLY REALLY not worth it to pursue any more dues from you.
(Might want to think this idea through a bit... as it MAY just be misconstrued by the local law enforcement.... you know... if none of the officers in that jurisdiction have been screwed by that Gym.... )
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#7
so what did he sign, a 12 month contract? there has to be a limit. it can't be worse that a cell phone contract
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#8
do they have his SSN? I never give out my SSN anymore. I was at the doctor the other, day, when they asked I said I don't have one. No further questions.
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#9
Gym membership debt cannot be reported to a credit bureau. Well it can be reported but the credit bureau will discard the information. So no risk there but if the collection agency finds any kind of savings/checking account they will garnish it.
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#10
Play hardball with them. Tell them you'll drag them all over the internet and if they say they'll sue for libel, say bring it on. Tell them you'll go to the 7 On Your Side TV consumer shows. Tell them you'll complain to Clark Howard. Tell them you'll complain to Consumer Reports. You'll tell everything you told them to the president of their company. Say you'll advertise for people to sue them in small claims court. Tell them if they hurt your credit, you'll sue them. Go berserk in their office, just sort of getting the cops called. Put up posters all over town warning people to beware. They've been pulling this crap for probably over 30 years. It's war with these bastards.
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