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DCrane Law
DCrane Law, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 25285
Experience:  Successful consumer advocate.
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I entered a personal trainer contract with Golds Gym early

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I entered a personal trainer contract with Gold’s Gym early this year and what I thought was a good move turned out to be a nightmare..The initial trainer they gave me barely talked to me and hardly gave me direction and assistance during workout sessions. He was clued to texting on his phone…I complained and was given another trainer who canceled 1/3 of my sessions in the month. I had to split 2 sessions he did decide to show up for with another one of his clients because he was trying to play catch up because he was canceling on other clients as well. I put a stop payment on my account for Gold’s Gym because I was not getting what I paid for, yet Gold’s is still trying to make me honor the contract and has made my account go delinquent. Am I not legally allowed to have a contract canceled because the company has failed to provide the services in our contract on two occasions?
Submitted: 6 years ago.
Category: Consumer Protection Law
Expert:  DCrane Law replied 6 years ago.
Thank you for the post, how far into the contract were you when you canceled and how may trainers did you "go through?"
Customer: replied 6 years ago.
I went through 2 trainers…The first month in January I was given one…When I made the complaint I wanted to end the contract but the woman told me they had a program that watches the trainer and I to ensure I was getting my moneys worth I guess and they gave me my second trainer beginning of February I was having issues by the 3rd week in..
Expert:  DCrane Law replied 6 years ago.
When did you cancel, the third week in February? Also, was the contract for personal training services only, or was the training services ancillary to the membership agreement?
Customer: replied 6 years ago.
the contract was never canceled because gold’s gym would not let me out of the contract without paying a cancelation fee and 10% of the balance on the contract… Gold’s gym failed to provide me the services when I paid the previous months I was not going to pay another months worth of services in order to cancel..i did on the other hand agree with paying the 10% cancellation fee. They would not waive the 30 day notice. They pretty much wanted me to honor the contract while they did not honor it from the beginning. I have 2 contracts..1 is with gold gym to use the facility and a second contract for the personal trainer
Expert:  DCrane Law replied 6 years ago.
Thank you, XXXXX XXXXX continued paying the contract for the use of the facility?
Customer: replied 6 years ago.
Yes my facility balance is current
Expert:  DCrane Law replied 6 years ago.
Thank you, XXXXX XXXXX to enforcement of the contract is that Gold's Gym first breached the contract and failed to cure said breach within a commercially reasonable period of time. You should send a certified letter explaining the facts and the refusal to pay is based on a material and uncured breach of the contract, resulting in the contract being voided.
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