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Does a gym have to refund my unused personal training sessions?
Anonymous1 views1 answers
In July I signed a (3) month contract with a new Gym. In addition to this I purchased (30) personal training sessions with a trainer. I personally knew the trainer that signed me up as he was my personal trainer at a previous gym and I feel comfortable with him. He began contacting me months before the new gym opened looking for business. My (3) month membership ends today with (16) sessions on the books. Due to some unforseen health issues I was not able to complete all sessions in the (3) month time frame. (The gym is not disputing the (16) sessions). Yesterday I walked into the gym with a check for another months membership so I could complete my training sessions. After paying my trainer comes to me and tell me he is moving out of state...leaving 10-27-10. I decided not to
The requirements and conditions for a gym (which is referred to in the law as a Health Studio) are explained in Cal. Civil Code Secs. 1812.80 to 1812.98. Since your contract is written, you may be able to get a refund if the contract does not state the terms required by law. Also, you may cancel the contract or terminate early and get a prorated refund if you become disabled or moved more than 25 miles from the gym and were unable to transfer the gym membership. See Cal. Civil Code Sec. 1812.89.
If you have the right to cancel or a prorated refund, you should do it in writing, by certified mail and also by fax, as you have up to five business days to cancel. Your contract should explain this. If the contract is for more than $1500 you can cancel up to 20 days after signing, over $2001 cancel up to 30 days after signing, and over $2501 cancel up to 45 days after signing.
