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I want to know if a verbal contract is binding for a

I want to know...

I want to know if a verbal contract is binding for a purchase of personal training from a gym

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

California

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The written contract is different than what I was told verbally

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Answered in 5 minutes by:
1/3/2018
Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 3,573
Experience: Partner at Kent Law Group, LLC
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Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is general information for educational purposes only and doesn’t constitute not legal advice. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the website - but if you do want a phone call I’d be happy to do that as well. I'll be happy to help you in any way I can.

Give me just a moment to review what you've written.

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Customer reply replied 5 months ago
Ok, thanks.

The answer to your question is "it depends"... if the oral contract came first and then was followed by a written contract, the terms of the written contract would control. If the written contract actually didn't address a particular element then the person can argue that the oral contract applies to that part of the contract. Also, if there's something in the written contract that basically states "this contract supercedes everything and nothing else has been promised to you" and all that... well, unfortunately it's hard to argue that the oral contract controls then. I hope that answers your question. As much as I wish it was otherwise, sometimes I have to give information that isn't "good news." I hope you don't take it out on me! If it were up to me, I'd only give people good news! If you don't need any additional information, could you please take a moment to check the box stating that I answered your question so that I receive credit for working with you. It doesn't cost you anything extra and it allows me to get credit for helping you. Sometimes people aren't aware that experts don't get any credit for the time and effort that we spend on our answers unless you rate it positively (3 or more stars) - 5 stars is always appreciated. If you have follow up questions I'd be happy to answer them as well. You can still ask follow up questions after rating. There may be some lag in my response time if you follow up with additional questions. It just means I'm working with someone else but I will ALWAYS come back an answer your questions when I'm done.

Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 3,573
Experience: Partner at Kent Law Group, LLC
Verified
Olivia Kent and 87 other Legal Specialists are ready to help you
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Customer reply replied 5 months ago
The verbal contract was made after I signed a written contract, and I don’t see anything specifically excluding it

That's great - so that's much better than if the oral contract came first.

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Customer reply replied 5 months ago
They basically said my sessions were transferable, would never expire, and would be refunded if I was disabled. All three of those are not true, so I’m considering if I should pursue something in small claims court. The amount is around $5000. I’m trying to attach the file but it’s not working.
Customer reply replied 5 months ago
Well, I guess it worked twice. My bad!

So, in this case if you did decide to sue you'd need to argue that their employee/agent was able to bind the gym to the oral contract notwithstanding what the written contract said. That's pretty much your most realistic shot at arguing that the oral contract should control.

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Customer reply replied 5 months ago
Would a personal trainer be able to do that? The fitness manager, who is in charge of the entire training program, also said that to me, but he has been replaced by a succession of new managers.

A fitness manager definitely could - but a personal trainer... you'd really need to argue with the gym on that one to try to show that you should be permitted to rely on the words of a personal trainer at their gym. I think it's reasonable that you should be able to.

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Customer reply replied 5 months ago
Wonderful. My next contact with them I will attempt to get a refund, and if they refuse I will explain my intention to take the case to small claims court. I would name the company as the defendant, yes?

Yes, you'd name the gym as a defendant in your action.

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Customer reply replied 5 months ago
Thank you so much! This was money well spent. I’ll definitely request you in the future

It's my pleasure - happy to help :)

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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