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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99915
Experience:  Lawyer
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I purchased a year of personal training sessions from World

Customer Question

I purchased a year of personal training sessions from World Gym. I pay monthly for 3 sessions a week. I went for two months my trainer was terrible and only showed up for 45 minutes of the 1 hour I had paid for. I spoke with the manager of the gym prior to agreeing to this commitment and her assured me I would recieve professional training for an hour. What I got was 45 minutes and had to listen to my trainers personal problems . when I explained to manager that I was unsatisfied with what had been going on he offered to switch to a new trainer and agreed that mine trainer had been going through a bad divorce and was not being professional and offered two free sessions. I dont want to continue to do business with this gym I don't believe the new trainer will be better and I don;t want free sessions I just want to cancel the future sessions which I have not used. They have also billed me for a month of training I never used and when I went to put a stop payment on the monthly amount of $674.87 they changed their withdrawl to $650.00. I shut down that account and now they are sending me notices
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Thank you for requesting me. I am sorry to hear that this happened.

If they sue you they will likely win and the reason why is that you didn't give them an opportunity to rectify the situation. Had you been given a new trainer and still found that you were not getting what you paid for that would have been a different matter but the law is that you have a duty to mitigate your damages and so do they and you didn't allow this to happen.

It may be that they won't bother suing you given the complaint you made and their concern that they will lose in court but there is a lot of money here and my guess is they will send this to a collection agency who will harm your credit rating and who will then sue you after harassing you for a while.

I wish I had better news for you.

Customer: replied 1 year ago.
Can I be proactive and sue them in small claims court for mispresentation on contract. The promised a professional trainer at 60 minutes and I got 45 minute sessions and horrible service during that time. Will this possibly deter them from sending me to collection agency or help with my case down the road if I am not reacting but being proactive
Expert:  Debra replied 1 year ago.

But you won't win in Court and they will counter-claim and you will end up losing and having to pay their legal costs.

You didn't let them try and rectify the situation and they offered to give you a new trainer and two free sessions so I just don't think you have much of a chance of winning at all.

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