obligated to pay gym membership?

[loafie]

Here is the scenario: A person signs up at a gym and pays the $75 registration fee. They then agree to a three month membership and sign a contract saying they will pay $140 for the three months. For whatever reason, the person never once steps foot in the gym for the next three months. Do you think they are still obligated to pay? Is this a scam? Should you have to actually use the equipment before the gym charges you?

I have my own opinions on this, I am looking to see what others think.

[GOPisEvil]

1. If you sign the contract, you need to pony up the dough.

[KitchenWitch]

5. I agree, even if you do not set foot within a mile of the place

I think the only way you may be able to null the contract is perhaps for medical reasons.

[Nicholas D Wolfwood]

2. You sign, you pay.

You don't use the gym, you still signed, you still pay.

It's not even questionable.

[fertilizeonarbusto]

3. Ya better believe they pay n/t

[SheepyMcSheepster]

4. well, if the person signed the contract i would say they are obligated

this person should pay.

unless something is worked out with the gym because of non-use, i feel it is appropriate honor the contract.

[kick-ass-bob]

6. you had 3 days to back out.

I think that is law across the country. After that, you are in a binding contract.

[Xithras]

12. Nope

Different states and counties have different laws regarding this sort of thing, but there's nothing national. Here in California there is NO legal "cooling-off" period, a fact that the gyms actually make you sign a paper acknowledging.

As to the OP, I'd feel sorry for the person paying for the membership, but it's not the gyms fault that he's not using their equipment. He's paying for the AVAILABILITY of the gym, and that availability is there. If the person chooses not to take advantage of a service they're paying for, that's not the gyms fault.

Unless the gym closes or moves, you've gotta pay.

[kick-ass-bob]

17. ok. I wasn't sure.

I remember seeing the same thing in 2 different states, so I thought it was universal.

[Dr.Phool]

18. 3 day cancellation clause not in effect.

If you went to their place of business, and were seeking their services. In most states it only applies to in-home sales.

[ohiosmith]

7. Sign the contract and you're obligated. Doesn't matter if the

service/product is used or not.

[MemphisTiger]

8. You made an agreement, you should honor it

don't think they won't sue you for the money either. A gym in my town sues people all the time for non-payment.

[drdon326]

9. Thats how these gyms make easy money.

you can ask/demand month by month but some wont give it you.

sorry.

[sandnsea]

10. The gym lived up to their end

They can't round people up and force them to meet the terms of the contract.

If people don't find the gym meets their needs or their finances change, they should be able to cancel. That's the part of those contracts that I think is unfair.

[Xithras]

14. Moral: Don't sign those kinds of contracts.

Most gyms offer contract-free memberships if you ask for them. You get a discount for going with a term, but it's usually not required.

Now, if you choose to take the discount in exchange for a term, then you're voluntarily taking a gamble that you'll save some money in exchange for committing for a certain period of time. If you aren't willing to take that gamble, go with a month to month plan and don't worry about it. If you DO take that gamble and lose, you really have nobody to blame but yourself.

[sandnsea]

21. Rebill at the non-discount rate

It should be easier to get out of some of these year long, or multi-year, contracts. Especially if you find the service isn't what you were promised. Your argument is valid if there's a local business who can address customer service problems, or promises not kept. But it's nearly impossible when you're going up against a chain. I don't think it's fair and I think it makes it easier for business to just get money and provide sub-standard service.

[Xithras]

22. Why? And is that really the better solution?

Take my phone, for example. I have a two year contract that saved me several hundred dollars over a standard month to month plan. If I were to bail on it after 18 months, would I be better off having the company go after me for the remainder of my contractual debt, or to toss in a several hundred dollar bill for the difference between the services?

I hate to repeat myself, but if you're willingly taking the discounted rate with the stipulation that you accept the contract, then you are stuck with that contract. If you don't want to deal with it, go with the month to month.

And for whatever it's worth, I NEVER sign a contract for any service unless I've tried the service and am sure it will work for me, or unless the contract contains a dissatisfaction escape. When it specifically comes to gyms, most will give you a free trial if you ask, so you can make sure that you'll like them before committing.

[sandnsea]

23. Because if after TWO months

You discover your phone service was crap, you should be able to cancel it and have the option to pay the regular two month rate so you aren't stuck with shit service for two years. Do you have any comprehension how many people pay contracts for services they don't use because it's shit???

:argh:

File you under why Americans are screwed on a regular basis.

[Xithras]

25. Why would it take 2 months to discover that your cellular service sucked?

Either the service was good when you started, or it was crap when you started. If it was good when you started and then turned to crap, you can get out of the contract through various misrepresentation and contract nonperformance laws anyway. Legally, if you aren't getting the service you're paying for, THEY are breaching the contract, not you, so the contract is void. If you just want to get out of the contract because you can't afford it anymore, the legal situation is a bit different. If you want a way out, use a monthly account FIRST, and switch to a long term one only after you're sure you want it. I do it. It really isn't that hard!

Since you've started throwing stones anyway: If you had your way and these contracts were made toothless, the companies would simply stop offering them, switch everyone to monthly contracts, and jack our prices up. Most people would get screwed simply because a handful of people decided to gamble on a contract and lost, and now don't want to pay up.

[sandnsea]

27. oh puhleeze

We survived for decades without these bogus contracts. They are charging you the EXACT SAME amount that they would without them. They are a MARKETING TOOL. geesh.

That said, if somebody signs one of them and then doesn't use the services, that's their own fault. But people should still be able to convert the contract to full payment and cancel it. If it weren't for people like you who buy into the MARKETING SCAM, we'd be able to.

[WI_DEM]

11. Well if somebody signed a contract to use a gym for three

months and never stepped foot in it, they should still would be obligated to pay. Three months isn't bad, I've known people who have signed two year contracts and then find out that there jobs were being transfered and they still were legally binded to pay.

[sui generis]

16. on that note

you can always take the contract and say your lawyer needs to look over it.

Also you can supercede the contract with a "plain language" memo of understanding. Write out what you think the main points of the contract are, including the conditions and terms of breaking it. Put the phrase in there that your understanding according to the memo supercedes any interpretation of the contract to the contrary. Have the club sign it. If they refuse, tell them to fuck themselves; they plan on stealing from you.

[sui generis]

13. of course you're obligated to pay

it's a contract that means as long as you pay you have the service available to use at your discretion, within operating hours.

A better contract would be no contract or "pay as you go", i.e., if you know you aren't going to work out for 3 months or very infrequently, then just pay at the front desk when you come in for that visit.

[Left Is Write]

15. If you agree to the three-month membership, and sign a contract

to pay for that membership, then yes, you are obligated to pay.

[GOPisEvil]

19. Oh yeah, tell Magic Rat to stop being a cheapskate and PAY UP!

[loafie]

26. haha!

good call! :yourock:

[aintitfunny]

20. It is usual to get a 3 day grace period

after signing a contract that you can then get out of it. After that if you signed the contract and there is no clause in it that says otherwise, you gotta pay.

[Fenris]

24. You are contractually obligated to pay.