How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 34849
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
19958803
Type Your Legal Question Here...
Barrister is online now
A new question is answered every 9 seconds

I have been a member of a fitness club since 2001 and have

Customer Question

I have been a member of a fitness club since 2001 and have purchased a "paid in full" (PIF) membership for a periods of either 1, 2 or 3 years since that time. On the second contract in 2002 the representative of the fitness center hand wrote on the contract that it was "lifetime PIF renew". Since that time I have received the same rate (equivalent to $18.00/month) or less each time I renewed the contract though I had to show them the 2002 contract to get them to agree to that rate when I renewed the last time in 2014 (for 2 years). When I attempted to renew my contract this year the company told me the price had increased to an equivalent monthly rate of $41.67, $39.58 or $33.33 for 1, 2 or 3 years PIF, respectively.
The ownership of this facility has changed at least twice since the 2002 contract but is operating under the same name and it is my understanding that they purchased the contracts of the previous owners (which I believe is required in my state).
My question, perhaps, is obvious, do I have any recourse to get them to honor the lifetime PIF renew? The one comment I received from the current representative was that since no specific price was mentioned with the lifetime PIF renew statement he wasn't obligated to give me that rate. Does that seem correct?
Submitted: 6 months ago.
Category: Legal
Expert:  Barrister replied 6 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

.

My question, perhaps, is obvious, do I have any recourse to get them to honor the lifetime PIF renew? The one comment I received from the current representative was that since no specific price was mentioned with the lifetime PIF renew statement he wasn't obligated to give me that rate. Does that seem correct?

.

I hate to say it, but no, you can't force them to honor the old pricing because each time the contract expires and it is renewed, it is an entirely new contract and unless there is something in the old original contract that guarantees you a renewal rate of $18 a month for XX years, then they aren't legally obligated to honor it. They have to honor it during the duration of the fixed term contract, but once it expires, then you have to negotiate again to get the best deal you can...

.

.

thanks

Barrister