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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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A few months back, I signed up training sessions at a local

Customer Question

Hello,
A few months back, I signed up for personal training sessions at a local gym. Since that time, I have experienced a couple of health issues keeping me from training. I would like to get my money back. Legally, how do I best proceed?
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

The answer may not be as favorable as you may hope. Does the contract itself have any language as far as an early termination clause or policy? In what state are you located in, please?

Customer: replied 1 year ago.
Having not reviewed the contract lately, my understanding when I joined the gym is I had to give 30 days notice to stop my membership. The personal training was purchased on top of the membership fees. I am located in California.
Expert:  Dimitry K., Esq. replied 1 year ago.

Hi,

Please review the contract as California law does not have an automatic right of rescission or cancellation as far as such contracts are concerned. That means what governs are three things:

1. If the contract itself has language permitting early termination. Some health contracts have language permitting early termination due to health concerns or substantial changes in medical condition, but it is not a requirement under law. Still, this is the first thing that you need to review.

2. Even if no such language is drafted, both parties may elect to voluntarily cancel the contract. This would require you to contact the gym and negotiate a release. This is potentially done for a fee, and is at the discretion of both parties.

3. Finally you can try to get a court order to void the contract. This is the most expensive and uncertain option, and is generally reserved to where the parties acted in bad faith or when the parties failed to perform their promised obligations. Simply suing to cancel a contract is generally not sufficient absent good cause.

Sincerely,

Dimitry, Esq.

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