Q: Can a gym membership hold you liable for a 2 month payment opt out in suffolk county ny?
I emailed and texted that was unable to keep it on July 19. My payments are the 16th. I paid aug,sept, and oct. Now they are saying I never filed an opt out form. Am I liable for another 2 months? I have been a member for over a year and the mandatory length was 4 months.
**update The gm satisfied my contract but I am still curious if in the future something like this is enforceable. I only signed a contract committing to 2 months, I mean my husband passed away and I could no longer afford this. Could they still hold me for a 2 month paid opt out clause? It just feels like it's not enforceable.
A:
In Suffolk County, NY, the enforceability of a gym membership contract and its cancellation terms depend on the specific language of the contract. If your gym membership agreement includes a clause requiring a formal opt-out form to cancel the membership, then not submitting this form could potentially hold you liable for additional payments.
However, since you communicated your intent to cancel via email and text, you may have grounds to dispute the additional charges. It's important to review the terms of your contract to understand the specified cancellation process. If the contract required a specific form or method of cancellation, failing to follow that process might result in continued charges.
You should also gather all evidence of your communication regarding the cancellation, including emails and texts, as this documentation can be valuable in any dispute. If the gym insists on charging you for an additional two months despite your attempts to cancel, you may consider seeking legal advice.
An attorney can review your contract and communications to provide specific guidance on how to proceed. They can help you understand your rights and obligations under the contract and assist you in resolving the dispute with the gym. Remember, understanding the exact terms of any contract before entering into it or attempting to exit it is crucial to avoid such situations.
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.
