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Gym contract working out my head

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bigd43606

Member
What is the name of your state (only U.S. law)? Kentucky

I joined a gym over two years ago with a two year contract that went to month to month after. it expired in january, and since things are tough financially I decided we could use the money for more important things. Well I submitted in writing and it was accepted a 30 day written notice as spelled out in my contract on March 30 stating April will be my last month. Well May just rolled around and they charged me for May. I went in to complain and was told that the 30 days was 30 days after the written notice was submitted and refused to issue me a refund. I am tick off, but I thought I would submit the contract below a get other opinions to see if i am off base here. Any thought on my next step would also be appreciated.

Thanks,

Don

This is the section that deal with cancelation written word for word:

This month to month membership maybe cancelled with a 30-day written notice to seller by certified mail, return reciept requested or on the cancallation form provided at the club location with said cancelation to become effective on the 1st of the next month following the expiration of the 30-day written notice with no proratio, provided your account is not delinquent. Said written notice must be recieved at least 30 days prior to the first day of the month which member desires to cancel said membership, and member shall be responsible for payment in full of all due fees and charges incurred up to the effective date of termination, including any months for freezing.
 


Isis1

Senior Member
What is the name of your state (only U.S. law)? Kentucky

I joined a gym over two years ago with a two year contract that went to month to month after. it expired in january, and since things are tough financially I decided we could use the money for more important things. Well I submitted in writing and it was accepted a 30 day written notice as spelled out in my contract on March 30 stating April will be my last month. Well May just rolled around and they charged me for May. I went in to complain and was told that the 30 days was 30 days after the written notice was submitted and refused to issue me a refund. I am tick off, but I thought I would submit the contract below a get other opinions to see if i am off base here. Any thought on my next step would also be appreciated.

Thanks,

Don

This is the section that deal with cancelation written word for word:

This month to month membership maybe cancelled with a 30-day written notice to seller by certified mail, return reciept requested or on the cancallation form provided at the club location with said cancelation to become effective on the 1st of the next month following the expiration of the 30-day written notice with no proratio, provided your account is not delinquent. Said written notice must be recieved at least 30 days prior to the first day of the month which member desires to cancel said membership, and member shall be responsible for payment in full of all due fees and charges incurred up to the effective date of termination, including any months for freezing.

did you send it certified mail?
 

FlyingRon

Senior Member
Unless you hand delivered their "form" to them on March 30, they probably didn't receive it until April which gives you to June 1 for it to expire.

If it was a credit card transaction you can always dispute it via them.
 

Isis1

Senior Member
Unless you hand delivered their "form" to them on March 30, they probably didn't receive it until April which gives you to June 1 for it to expire.

If it was a credit card transaction you can always dispute it via them.

to be honest, my husband works for a gym like this. with this similar contract. i wouldn't trust handing anything to any one of those workers. stuff gets lost, things get forgotten. everything such as cancelations should ALWAYS be sent directly to corporate office via certified mail to the correct department.
 

bigd43606

Member
The notice of termination is not in dispute I have a copy signed by the Custumer service manager. It was accepted on March 30th.

What I want to know is an opinion of one month or two, according to the contract
 

Isis1

Senior Member
The notice of termination is not in dispute I have a copy signed by the Custumer service manager. It was accepted on March 30th.

What I want to know is an opinion of one month or two, according to the contract

when you talked to that same exact customer service manager, what did he say?

and a side question, did they mention anything about freezing the membership instead?
 

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