Question:
What are my rights with a fitness gym membership?(long)

   — KimBo36 (posted on October 4, 2003)

October 4, 2003
Kimberly: Were there any witnesses to any of the verbal agreements? Those are legally binding as long as the written agreements aren't opposed to what was promised verbally. However, anything told you that wasn't witnessed is just your word against his. Maybe you might be more believable in a small claims case though. I wouldn't just accept that you are stuck with a 2 year memebership that isn't what was promised without at least a fight. Any contract has a three day period where you can recind it, but it sounds like you're way passed the three day cooling off period. Maybe you can make a case that the three business days didn't start until you got confirmation that you weren't going to get what was promised? Like I said it's worth trying to get your money back at least. Too bad he cashed the check. It would have been better to put a stop payment on it. Then he'd have to sue you. Hope you get it worked out. There's a chance he might just give you back the money if you make a big enough stink. Like threaten to sit outside the gym with a sign saying unfair business practices or something? Good luck. Sherry
   — sherry hedgecock

October 4, 2003
If it was within the first 72 hours you could cancel without a reason - but since it has been longer you may have to push to get your refund. It may come to small claims court to get your money back - or is there a national office for them or are they franchizes (then you are stuck!) Good luck!
   — bethybb

October 4, 2003
We had a patient come into our office who had a similar problem with a gym. He just didn't think he would be getting the benefits that he was seeking there. We issued a letter stating that for health reasons he would not be able to continue at the gym. Hence he was released and money was returned. See if your doctor would do the same for you. If not then I would speak to the manager or owner of the gym. Tell them that you will be writing a letter to the local paper to inform others of the fraudulent nature to which they were signing people up.
   — Sue A.

October 4, 2003
One option you may consider is contacting the Better Business Bureau in your area. If you feel that they were intentionally misrepresenting themselves then they will have to give a response. I have used them on several occassions with companies I was unsatisfied with and have had my money returned to me in full. Not saying it always will work but It never looks good for them to have negative reports and they usually try and handle them.
   — firelace

October 5, 2003
Hi folks, I knew you'd give me great advice. I will definately contact the owner first to see if we can work this out. If not my first step will be to contact the better business bureau and a few other consumer advocacy groups I'm aware of. If I'm forced to keep my membership I will be certain to let everyone I can know just how unpleased I am with Gold's Gym. Small claims Court is always a very possible direction to go. Thanks again! -Kim
   — KimBo36

October 5, 2003
Definately report them to the BBB. Make sure all of your contacts with them are in writing - that way you will have a paper trail should you decide to go to court. If you have an answering machine, most are able to record conversations so when they call (or if) tell them before you begin the conversation that it is being recorded, say it several times and ask if they understand and agree to be recorded - some will, some won't but it is for your protection and proof - then keep the tapes for future litigation. If you are not able to tape it, have your husband get on the extension, tell them he's on and then write everything down. Make them speak slowly and repeat key points - tell them you are trying to write it down so you understand their position. Don't let them off the phone until they have answered your questions. Read back their responses and ask them if it is correct. Record the date and time. I have found that most businesses, when informed that you are going to take legal steps or file complaints, will then try to make you happy. I have also found that when I tell them I am going to also seek help from the local TV and radio stations - most have a consumer help program - companies become VERY helpful. They don't want to be a "story" on the local newscast. In one instance, I also included the fact that I was contmplating beginning a "letter writing" process via e-mail, letting EVERYONE I knew about my difficuties with them, and asking my friends/family/associates to FORWARD the letter to as many people as possible. My problem was solved within 2 hours of the threat of a "letter writing" e-mail campaign. ALWAYS be very nice, polite, matter of fact attitude, write everything down-dates, names, times and have a witness or tape if it is in person or on the phone. A letter from your physician as one other poster suggested is also a great idea. Good luck and take care. HUGS, HUGS and more HUGS!
   — Deborah F.