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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 29994
Experience:  Lawyer
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I am attending a workout boot camp called camp gladiator.

Customer Question

I am attending a workout boot camp called camp gladiator. They have a 12 month contract that charges you a 69 dollar is a "contract" but you don't sign anything in paper. You give them a credit card and apply online and say yes to there terms and conditions which turn out to be very strict. They do not allow you to stop in the middle of your 12 months and refuse to stop charging you until the year is done. Even then they will not cancel over the phone or by email or by fax they want a written letter. My question is if I tell my bank to stop allowing auto payments they charge my card with will I be subject to legal penaltys?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Lucy, Esq. replied 1 year ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

An online contract is legally binding, so if the website said that you were signing up for the full 12 months, I'm sorry to say, you are obligated to pay for the whole thing. They just needed to refer to the terms and conditions before you signed up - because a contract cannot be contingent upon conditions that you haven't read yet. There has to be a meeting of the minds. But as long as they did that, the contract is binding. Strict terms are enforceable because you agreed to them. They don't have to give you a way to cancel - this is actually how most gyms make their money, and it is legal.

If you cancel the charge, they can sue you for the total still owed, plus their filing fees. And you may want to check the contract to make sure it doesn't also allow them to sue you for interest or their legal fees, because that would also be binding.

I apologize that this was probably not the Answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand.

Good luck.

Customer: replied 1 year ago.
Basically they had us sign up physically on a tablet. Pretty much just said it was a good idea and it would save us money down the road. We did a few taps on the iPad including the terms and conditions but we're not specifically told much about its terms just that it was 12months at 69. So that is binding then?
Expert:  Lucy, Esq. replied 1 year ago.

As long as the terms are there and you had the opportunity to read them, it's binding, even if you didn't. A person is legally presumed to have read, understood, and agreed to everything in a contract he signs, and an electronic signature is binding.

As long as they allow you to take the course, you're required to pay, whether you attend or not.

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