Round Rock, TX asked in Consumer Law and Contracts for Texas

Q: Can I legally cancel a subscription to an online PT with a 3 month commitment b4 1 month is over? I hate her services.

I agreed to work with a personal trainer, who sent me a form and told me to sign it while on call, within minutes. It was $500/month with a 3 month commitment. I misunderstood her explanation to mean I could pay 500/month and cancel anytime. After 3 weeks with her, I've realized that her services are not worth the money at all in my opinion, and I want to cancel. I reached out to her but she refused, saying it was a 3 month commitment and she was going to charge me the remaining $1000. Her terms was a single paragraph: "No refunds.I understand I chose the payment plan option with a total of $1500,paying $500/month with a commitment of 3 months"

However, the website that the purchase was completed on states:

By confirming your subscription, you allow HNFitness LLC to charge your card for this payment and future payments in accordance with their terms. You can always cancel your subscription.

Please help!

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1 Lawyer Answer
Jacob Rheaume
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A: Without reading all the terms of service, my gut instinct is as follows:

The unpaid commitment ($1,000) will likely still be assessed as a termination fee, meaning you're free to cancel now but she will still collect one way or another.

If you want to maintain the liquidity, I would keep the subscription active until the second week of the third month. If you cancelled now, you run the risk of the entire $1,000 becoming due immediately. If you keep the subscription active, at least you can spread the cost over two months.

Hope this helps.

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