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Posted

Now wait a minute Orion...myself and a few others told you that 200 was out of line when you first asked about this. I hope this will serve as a learning lesson for people to not sign contracts of over 6 months to a year. And that only if you are somewhat experienced and know you will be there awhile. Just as an aside most health clubs require first and last months dues up front on any contract...I think this may be due to the fact that contracts like this might be somewhat unenforceable. I'm sure if the illness excuse doesn't work out you can find some online lawyer forums that may be able to offer you free advice on breaking the contract.

Long Live the Fighters!

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Posted

No, I agree. But... when I first signed up, money wasn't an issue, and I like the class.

I don't have to be the best, just better than you!


Working towards 11% BF and a Six pack

Posted

The contract itself is what compels you to pay whether you train or not. The medical clause is what will allow you to get out of the contract with a small cancellation fee. A good contract will also offer a grace period that states that if you change your mind within a certain period of time, you may cancel without any fees. Check your local and state laws about contracts to see if legally he can keep you in the contract. Usually if you explain the situation, a good instructor will let you opt out.

Where are you located anyway?

Ken Chenault

TFT - It does a body good!

Posted

I'm in Maryland.

I have read the contract front to back. I see nothing on there about wanting to cancel without any medical/moving circumstance. I don't see anything about fee's for canceling. I'm about to call back again, and hopefully I can talk with the head instructor. He does seem to care, hopefully he will and let me out. I will let you know what I hear in about 20 minutes.

I don't have to be the best, just better than you!


Working towards 11% BF and a Six pack

Posted

Called back, not there. I'll try back again in another hour. Trying to give them the benifit of the doubt, but I just need to get the knocked out.

I don't have to be the best, just better than you!


Working towards 11% BF and a Six pack

Posted

Orion,

Here's a few tips.

1. Don't handle over the phone, talk man to man directly with the instructor. You may need to camp out at the front door.

2. Don't let them have your original contract. Keep your original in your posession, no matter what they tell you

3. Document all communications from this point on. Keep notes in a log book or something. Sometimes the spoken word gets forgotten in these matters.

4. Present the school a formal letter requesting your intent to cancel your membership. Keep a copy for yourself, and make sure you date it.

5. If they let you cancel, get that in writing too.

It may sound excessive, but I have had issues like yours in the past. Keeping good notes and getting the agreement to cancel in writing will assist you if your account is turned over to a Collection Agency, or if they continue to debit an account or credit card. You must have documented proof!

Good luck

Jeff

Posted

Thanks for the tips. I just want this to be over.

I don't have to be the best, just better than you!


Working towards 11% BF and a Six pack

Posted

Well.... there is no way without a medical reason to get outta the contract. But... I gotta plan :)

I don't have to be the best, just better than you!


Working towards 11% BF and a Six pack

Posted

A contract is binding, IF you signed and IF the contract stipulates all things that are legally required by the State of Maryland. Communicating to an attorney is not a bad idea, because most people who present contracts dont' present them correctly, and thus the contract may indeed be unenforceable in Maryland.

You should do this immediately, because it is possible that Maryland has a grace period with contracts. If such is the case, you may be able to cancel... now.

As to the advice about writing your wishes and wants to them, it can cut both ways. If there is a grace period indicated in the contract laws of Maryland, it can benefit you. If, on the other hand, there is not... it can be used as a means to argue that your future efforts to 'backoff' from the contract were staged.

The issue about your fiancee' having mono 'may' work for you, but the problem here is that you are not married yet AND it may be that by the time you do marry, she could be 'healed.'

Medical concerns for ending a contract are not about money, at least not in this case. They are about inability to continue training... and thus the contract is punitive to a physically/mentally disabled person. Since the medical issue is not with you, but with your fiancee' (or wife, if you wait), then it is a 'financial' burden. This presents only your ability to argue your case for leniency with the instructor of the school.

Moving is the other means to 'end' your contract and it seems to be your best option. Yes, that sounds drastic, but if you communicate that you have a 'new' address and that continuing to visit that particular school is no longer feasible, it is a valid cause for contract cancellation, as noted in their own contract. Indeed, my sister stepped out of a similar contract for her child by 'moving.'

As to 'how' to move... well... you're getting married, right? Where is her residence at the moment? If you are married, for that short duration you both live in 'both' addresses. You can legally indicate that you have moved by presenting her address. If she lives nearby too... then you have to be a bit more creative.

The contract should indicate the 'distance' moved that would provide to you the ability to invalidate the contract. Read it. If you have a relative somewhere, or a residence that you can claim as yours (legally) that is of that distance limit or further, then you have an easy out.

If, on the other hand, none of those options present themselves, then you should meet, face-to-face, the instructor/business owner and request a 'cancellation fee' be presented.

There is more, but this should cover your 'immediate' plan.

"When you are able to take the keys from my hand, you will be ready to drive." - Shaolin DMV Test


Intro

Posted

:o :o

Just out of curiosity, how many of you out there have contracts?

Maybe I'm just spoiled, but I've never had a contract, only ever had to pay month to month...the only thing I did this past year was to pay a year's tuition in advance to save two months.

Now I'm really dedicated to the club I attend -- I've been there almost 6 years now -- but even at this point I'd be reluctant about signing a long-term contract.

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