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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 35773
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I stopped paying a fitness center because the manager had an

Customer Question

I stopped paying a fitness center because the manager had an altercation with my wife . I was in a 3 year contract with the fitness center. Is there any law that prevent business owners from treating their customers any kind of way. The manager actually cursed her and I have a witness.
Submitted: 8 months ago.
Category: Legal
Expert:  Barrister replied 8 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.

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Unfortunately the manager's actions towards your wife wouldn't give you legal grounds to terminate the contract that you entered into with the facility. The contract would have been that they provide services and you make a monthly payment for those services.

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While it was completely unprofessional for the manager to behave in this manner, it this was one incident, it wouldn't rise to the level of harassment and be illegal so as to give you grounds to abandon the contract. Now if the manager followed either of you around while you were there and continued to engage you, then that would be a different story.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

Customer: replied 8 months ago.
Oh but he did harass them more than 4 times. Thanks
Expert:  Barrister replied 8 months ago.

Ok, then that could be used as a defense to any claim that you breached the contract. If the manager was harassing her consistently, then that would be illegal and would give you grounds to terminate because you aren't getting what you contracted for, which would be a facility with the inherent requirement of a lack of harassment..

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If they tried to sue you, you and wife could countersue them based on the harassment and a judge would likely just zero out both claims and tell the manager not to harass its customers.

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thanks

Barrister