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Delta-Lawyer
Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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Massage envy: contract expired April 17th, 2016. Completed

Customer Question

Massage envy: contract expired April 17th, 2016. Completed full year membership and didn't use majority of visits. They are charging me for May. According to contract will continue billing until membership expires OR is terminated in accordance with this agreement. My legal arguement was that they are misleading clients and have it both ways. Should'nt the language read AND? They are saying I have send in written cancelation, or it goes month to month. Kevin
JA: OK. The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: So mad, I want too! And, feel it's very misleading and underhanded to clients.
JA: Is there anything else important you think the Lawyer should know?
Customer: It does also state your initial membership is for the term above, and thereafter is auto renewable. Following the initial term, your membership will automatically continue on a month to month basis. How can a contract express an expiration date and continue? I think the difference is the contractual wording of OR and AND....
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 6 months ago.
Category: Legal
Expert:  Delta-Lawyer replied 6 months ago.
I hope this message finds you well, present circumstances excluded. I am a licensed contract and litigation attorney with over a dozen years of experience handling matters of this nature. It is a pleasure to assist you today. Unfortunately, this is the small print contractual language that is legally defensible when signed by the party that is the subject of the contract. Since this was the language in the contract when you signed up, it is legally defensible for this company, should it be litigated. However, I completely understand your frustration. Obviously, as you sit here today, the best way to move forward is to send in a cancellation in the precise manner in which they require in this same contract. If you deviate from the cancellation mechanism, they will likely also try to keep you hooked in to this "system" they use. I wish I had better news for you and certainly understand your frustration. However, I must convey the legal reality of the situation. Let me know if you have any other questions or comments. Please also rate my answer positively (THREE OR MORE STARS). Best wishes going forward!
Expert:  Delta-Lawyer replied 6 months ago.
Did you have any other questions or concerns? Thanks

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