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Q: Common Law ( Answered 4 out of 5 stars,   0 Comments )
Subject: Common Law
Category: Business and Money > Small Businesses
Asked by: cj1200-ga
List Price: $10.00
Posted: 18 Apr 2005 08:27 PDT
Expires: 18 May 2005 08:27 PDT
Question ID: 510814
What is the penalty if one breaks a service contract such as a gym
membership?  How much financial redistribution would the Gym be
eligible for?  In the state of Florida since this appears to be a
common law matter and not a matter under the UCC. The individual
breaking the contract would be a consumer.
Subject: Re: Common Law
Answered By: taxmama-ga on 25 Apr 2005 10:06 PDT
Rated:4 out of 5 stars
Dear CJ1200,

Bad news - you signed the contract. 

The gym provided the facilities in good faith. 
Had you gone there, you'd have had space and equipment to use.

Chances are, if they take you to court, they will win a
judgment for the full value of the contract. 

The only way to win is to prove you are in the right. 
Some ideas?

1) Prove that you were pressured into signing the contract,
even though you didn't want to. Prove that they make a pracice
of using high pressure tactics.

2) Prove that they don't have adequate facilites for you to 
use their gym when you need it. Or that they changed/reduced
their hours of operation so it no longer fits your schedule.

3) Prove that the services or equipment you signed up for 
are no longer available. Many gyms that offer classes have 
been cutting back. If you came there specifically for an 
aerobics class at a certain time and it's no longer being 
offered, that might help. 

4) You moved out of the area and they don't have facilities
where you are. Or they closed the facility near you.

5) Their staff is rude or abusive - and you can prove it. 

Just the fact that you don't like the place, or don't really
feel like going isn't going to work.  We've all been there - 
and haven't used it. 

Remember, gyms operate by selling lots and LOTS of memberships.
They count on the fact that about 60% or more of the members will
only use the facilities for the first few weeks, then flake out.
If ALL the members actually used the facilites, they could never
accommodate them. 

Their attornies know that people will want to cancel the
contracts. It happens almost all the time. So, the attornies
are paid to write contracts that are nearly impossible to break. 

Next time, do what I just did - go to a place that will give you
a month-to-month membership. It looks more expensive in the long
run - but it's cheaper if you only end up using it for a month or
two at a time. 

I hope this helps.

Best wishes

Your TaxMama-ga
cj1200-ga rated this answer:4 out of 5 stars

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