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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I am currently a member of a health club in a small town in

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I am currently a member of a health club in a small town in California. I moved approximately 6 weeks ago to Colorado in the Denver area. I have another 2 years left on my current health club contract. The nearest health club is 12 miles which ends up being aXXXXXfrom my home on average. The health club in California was approximately aXXXXX The health club in California also provides child care services as part of the membership. The nearest health club does not.

I would like to cancel my contract but the health club refuses and says I must transfer the contract to a nearby health club. The contract says that I can cancel if I cannot find a "comparable" facility but fails to define what "comparable" means. Per phone calls they refer to "comparable" as another health club of the same franchise. Copied below is the paragraph in the contract that I am referring to.

If the person agreeing to receive health studio services moves further than 25 miles from the health studio and is unable to transfer the contract to a comparable facility, such person shall be relieved from the obligation of making payment for services other than those received prior to the move, and if such person has prepaid any sum for health studio services, so much of such sum as is allocable to services he or she has not taken shall be promptly refunded. Term Members may cancel with an $100 early cancellation fee. Member must provide a 30 day written notice to the CLUB’s address or the designated billing company with proof of relocation, acceptable proof of relocation includes a newly issued driver’s license with an address different from the one Member signed up with or shown on previous license or a utility bill in Member’s name with new address
Thank you for your question. Please permit me to assist your concerns.

Generally speaking aXXXXXis not unreasonable. That, by itself, is not considered to be too far and is not considered to be something that isn't 'comparable'. By the term 'comparable' the club generally focuses upon similar services that the club can provide. If, for example, the club has no swimming pool but that is what you utilized, then the clubs are not comparable. Similarly, if you utilized their racquetball and the new club possesses no such facilities, they are not comparable. Lack of daycare is not really similar because while it is a service, it is a secondary service provided to users of the club but it does not necessarily deal with fitness. You can try to focus on that as the reason for the termination of your agreement, but without more direct and primary differences, the club would be correct to continue holding you to your terms.

Good luck.
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