Found an issue on this page? Let us know and we will look into it as soon as possible.
How to get out of a gym contract. If contract was signed but copy not received, is it valid? How would you prove no copy given?
Anonymous3 views4 answers
My 19-year-old daughter signed a contract to join a gym - 30-day free trial with 36 month membership agreement if membership not cancelled within 30 days. She told the membership rep she didn't want to join the gym and, although she signed (not realizing it was a contract) she refused to give them her debit card - and told them she has no credit card. She left thinking there was no agreement since she told them she wouldn't pay. They didn't give her a copy of the contract - they just told her to come back with her debit card another time. She never used the gym and never returned. This was 5 months ago. They are trying to collect the debt through a collection agency that represents them. Can she get out of this? Will talk to the gym in person but doubt it will help.
I would try to work it out with the gym for possibly paying less on the contract, if at all. Have your daughter explain that she did not want the gym membership and the fact surrounding the case. Maybe the gym manager will be an understanding person (doubt it but worth a try). If the gym decides to initiate suit, your daughter should get representation. Not answering a lawsuit just leads to a default judgment against her. She should (1) try to work it out so no lawsuit is filed; and (2) obtain representation and fight the complaint on the basis of failure to establish a meeting of the minds if a lawsuit is filed.
I am going to have to respectfully disagree with my colleagues. Gym membership contracts are governed by the Ohio Consumer Sales Practice Act. They are called "prepaid entertainment" contracts. Specifically, the Revised Code requires prepaid entertainment contracts shall be in writing and be signed by the buyer and the seller, and a copy shall be provided to the buyer at the time he signs the contract, R.C. 1345.42(B). Failure to comply with R.C. 1345.42(B) is deemed to be a violation of R.C. 1345.02. One remedy a consumer has for violations of R.C. 1345.02 is to rescind the contract. There are additional remedies,including statutory authorized noneconomic damages not to exceed $5,000 and reasonable attorney fees.
Your daughter should contact a consumer defense attorney for a consult.
Good luck.
Andrew A. Esposito
www.westervillelaw.com
Sorry, but I doubt it. Giving or not giving a copy has nothing to do with contract formation. The law presumes that when mentally and age competent person sign anything that they have read and understand what they signed.
You can speak with a local contract lawyer and see if there are any possible outs, but based on your limited facts I think the chances are slim to none. Often the best lessons are the most expensive. Good luck.
I tend to agree with Attorney Murillo. The copy makes no difference, although your daughter should have it, for a number of reasons. Whether or not she can get out of the contract is another question. There may be provisions for that, and there may be a way she would not need to pay for the entire term. You will definitely need to get a copy of the contract. I would try working it out with the gym, to see if you can work this out. If not, you should review the contract with an attorney. Better yet, let your daughter do this, so she can start to learn from her mistakes.
James Frederick
