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Discussion Starter · #1 ·
my wife and i have a family plan at a local
gym, well the gym is closing and another gym is
buying the contracts.
the new gym does not allow anyone under 14 yrs. old
to use the facilities. they also do not have vollyball court or
racketball courts that the old gym had.
the reason we chose this gym is the family thing and racket ball
my question is: can they hold me to a contract if they do not
provide the services that my original contract had?
 

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Malum Prohibitum said:
Depends on what your contract said.
I guess I should elaborate. What does the contract say about what services would be provided? What does it say about whether it may be assigned to a purchasing gym? And so on.
 

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Discussion Starter · #5 ·
but if they can't fulfil their end, why should i be bound to pay
it.
our original contract is for a FAMILY plan. my daughters name is
on the contract, but the new gym said no one under 14 can workout.
to me that's enough to not to bound to the contract.
 

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tony218 said:
but if they can't fulfil their end, why should i be bound to pay
it.
Well, that is what I am trying to find out, i.e., whether they are fulfilling their end. Their end is controlled by what you agreed, which is contained in the contract. You probably even agreed that you and they agreed to nothing unless it was in the contract, even if it was promised. So, what does it say?
 

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Bally's not letting victims out of contracts
You never want to sign a contract at a health club, especially a multi-year contract. Why? The entire business model for most gyms is to get your money ahead of time and then hope that you don’t ever work out. In one of its filings with the Feds, the health club Bally’s disclosed that the average member works out one-half of once per week. It’s just what happens after people sign these contracts. Bally’s is one of the most notorious clubs out there for its shenanigans with customers. Most recently, the company has been under the watchful eye of Wall Street for allegedly cooking its books. In addition, several consumers had expensive watches and money stolen from the club’s locked lockers. According to the Chicago Sun-Times, the people wanted to cancel their memberships but Bally’s wouldn’t let them. They claimed it was an isolated incident. A legitimate health club is interested in your physical fitness and doesn’t make you sign a contract.
http://clarkhoward.com/shownotes/2005/08/24/#ballys
 

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Oct 29, 2004 -- What to know when joining a health club
When the new year rolls around, you will get tons of solicitations in your mailbox from health clubs. Health clubs come in two basic flavors. The first have contracts, commissioned salespeople and don’t care a hoot about you. The other kind does not have contracts and the people there actually encourage you to work out because they’re interested in your well-being. With the first kind of club, the salespeople know that most members stop working out within six months of joining a club. And that is what they hope happens. They have to sell tons of memberships to meet their quota, and they don’t care about what happens to you once you’ve signed the contract. They then sell your contract to a finance company, which also gets part of the cut. They are not interested in providing service; they just want to move people through the process and hope that they stop coming so they don’t have to deal with you. The good gyms care that you work out and that their facility is in working order. They don’t require a contract and instead sell month to month memberships. They want to please you so that you will continue to come back and work out. There is no reason why a health club should have a contract. So, join one that cares about you and not your wallet.
http://clarkhoward.com/shownotes/category/6/84/172/
 

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Sledgehammer
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MP is correct. There are several moving parts and they have to be considered together. All of them are going to relate to what the contract says. What is the club's obligation (as articulated in the contract)? What does the contract say about assignment? What does the contract say about termination? These are just a few things that have to be examined.
 

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Discussion Starter · #12 ·
i'll dig the contract out and read the fine print.
i would never have joined this thing but the wife
got a free thing from someone at work about four
years ago and she joined. i must say in her defence
we all have used this membership weekly.
if the new place would let my daughter go to the gym
this wouldn't even been a question.
 

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Discussion Starter · #17 ·
the new gym did not have everything up and running but when
they do get it all together they are supposed to review my wifes
contract and see what they can do.
i'll look at my wifes contract and see what it has to say.
i'll keep ya'll informed.
 
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