Q: A fitness club indicates an early cancellation fee as 66% of your remaining contract obligation. Is this within the law?
I joined a fitness club with a 2yr membership of $134/mo in March 2018. I didn't receive copy of the contract and particulars were never discussed. During a class four months after I joined, a tablet was brought over to me by an assistant saying 'I never signed this.'
Since late October 2018 I've met with and exchanged emails with the owner/trainer of the facility about my decision to leave. I didn't learn about the cancellation fee until December when I received an email copy of the contract.
I haven't been to the gym since October and have paid my membership through January. I'd like to just call things even.
Where do I stand legally?
A: Much more information would be needed to properly answer your question, especially if you didn't sign that contract. However a good lawyer may cost more than the remaining balance to litigate the matter but maybe a negotiated settlement could be arranged.
A: That fee is excessive and unreasonable. You need to retain an experienced civil litigation attorney, who can negotiate a resolution of this matter. If that does not work out, then the attorney may file a complaint against them, and if the N.J. Consumer Fraud Act is found to be a valid cause of action by the Court, you would be awarded triple damages plus attorney fees. Realistically the only thing that I can guarantee is that when it comes to litigation there are no guarantees. (Pun intended). Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
