Did I breach my contract?

B

Baobao

New Member
Jurisdiction
California
I entered my daughter into a fitness contract which states something to the effect that we would get a 50% refund as long as she sticks to the food and exercise plan for 6 weeks. After completing the 6 weeks we were told she was disqualified for breach of contract and would not receive her 50% refund. We were told the reason was because her food diary indicated she forgot to include a carb for lunch and missed a protein shake. Not at any time was it disclosed that missing a macro nutrient food would be a breach of contract. Unfortunately I was not given a copy of the contract so I don't have it to reference the exact wording. Did We breach the contract? Or is there anything we can do about this?
 
You need to ask for a copy of the contract that she signed. While it does seem unfortunate that it was small issues, it is going to depend on the wording on how exactly she needed to follow the plan. We give all new members their own copy of our contract that they sign and if they didn't it's one strike against them and sounds like a bad business practice.

Honestly, I don't know many who would get the 50% refund and it sounds like a sales gimmick where they expect most NOT to make it (especially if they disqualify that easily). But the gym environment can be like that-- and that is the part I dislike so much.
 
Baobao said:
I entered my daughter into a fitness contract which states something to the effect that we would get a 50% refund as long as she sticks to the food and exercise plan for 6 weeks. After completing the 6 weeks we were told she was disqualified for breach of contract and would not receive her 50% refund. We were told the reason was because her food diary indicated she forgot to include a carb for lunch and missed a protein shake. Not at any time was it disclosed that missing a macro nutrient food would be a breach of contract. Unfortunately I was not given a copy of the contract so I don't have it to reference the exact wording. Did We breach the contract? Or is there anything we can do about this?
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The irony of this is IF their "weasel words stand", a customer tells on themselves.

The cheater's path is often easier than the honest person's path.
 
adjusterjack said:
What part of:



Didn't you understand?
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It just seems a bit ambiguous to me. In asking other members, they didn't know either. This seems like the gym had all the power to interpret how they could/would disqualify a member. I'm just trying to get outside input on the situation. Overall, she followed the exercise and food plan...so she didn't have some beans for one meal...is that really considered not following the food plan?
 
hrforme said:
You need to ask for a copy of the contract that she signed. While it does seem unfortunate that it was small issues, it is going to depend on the wording on how exactly she needed to follow the plan. We give all new members their own copy of our contract that they sign and if they didn't it's one strike against them and sounds like a bad business practice.

Honestly, I don't know many who would get the 50% refund and it sounds like a sales gimmick where they expect most NOT to make it (especially if they disqualify that easily). But the gym environment can be like that-- and that is the part I dislike so much.
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I will request a copy of the contract. But even if the wording is ambiguous, is there really anything I can do about it? If I can't get my money back..that's fine. It is what it is. But is it worth reporting and exposing their gimmick?
 
Report to who? Other than a review online with only facts, you don't have much recourse... other than cancelling unfortunately... i doubt there is any other control mechanism like the BBB or if there is a corporate office, they probably allow location latitude.

Moral of the story... sign contracts only after you clarify in writing the fine details
 
hrforme said:
Report to who? Other than a review online with only facts, you don't have much recourse... other than cancelling unfortunately... i doubt there is any other control mechanism like the BBB or if there is a corporate office, they probably allow location latitude.

Moral of the story... sign contracts only after you clarify in writing the fine details
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Thanks for your input. That's what I figured. Nothing much I can do. Ultimately, a lesson learned. Yes, a factual review to hopefully help others make a more informed decision. Thankfully the contract terminated after the 6 weeks. It was when we chose not to transition into a 6-month membership that we were told she breached the contract and forfeited her refund.
 
You can try small claims. They might sooner refund your money than spend anything defending in court.
Start with a letter requesting refund within a reasonable time- maybe 21 or 30 days. Indicate your intent to take the issue to court due to the vague terms of the contract if the refund isn't received. Follow through with the timely filing and service of documents, but know that these steps can cost you a bit and are recoverable expenses if you request them as damages.
If they want to avoid the cost of defending in court they may offer a settlement, otherwise you have your day to present your argument to a judge and get a decision.
 
mightymoose said:
You can try small claims. They might sooner refund your money than spend anything defending in court.
Start with a letter requesting refund within a reasonable time- maybe 21 or 30 days. Indicate your intent to take the issue to court due to the vague terms of the contract if the refund isn't received. Follow through with the timely filing and service of documents, but know that these steps can cost you a bit and are recoverable expenses if you request them as damages.
If they want to avoid the cost of defending in court they may offer a settlement, otherwise you have your day to present your argument to a judge and get a decision.
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Thank you mightymoose. Good information. But this seems like too much stress for me right now. At this point, I'm basically viewing it as a poor investment on my part. I just want to put this behind me. Unfortunately, from now on, I'm going to avoid all gym contracts and trust no one. My problem was that I trusted them.
 
Baobao said:
Unfortunately, from now on, I'm going to avoid all gym contracts and trust no one. My problem was that I trusted them.
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That's not your only problem.

Any time you sign a contract you make damned sure there is a duplicate signed contract sitting in front of you that you can take home and you get up and walk away if there isn't.

It isn't just gym contracts that are going to get you if you don't learn that simple lesson for the future.
 
adjusterjack said:
That's not your only problem.

Any time you sign a contract you make damned sure there is a duplicate signed contract sitting in front of you that you can take home and you get up and walk away if there isn't.

It isn't just gym contracts that are going to get you if you don't learn that simple lesson for the future.
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Got it. Thanks.
 
If you're not contracting for one of life's essentials: medical services to save or prolong human life, dental services that improve the quality of human life, legal services to defend your freedom, buying a home in rare circumstances, buying an automobile in rare ircumstances, contracts for items with which you need to run YOUR business, a lease SOLELY for YOUR use and habitability.

Bottom line, don't be quick to contract for ANYTHING, unless the lives of your spouse or children are at stake, hopefully your spouse will reciprocate.

All other contracts should NOT be signed until you've debated and deliberated the matter thoroughly for 72 hours or more!!!!!

If the other party discourages your ability to study and research a contract, walk away.
 
army judge said:
If you're not contracting for one of life's essentials: medical services to save or prolong human life, dental services that improve the quality of human life, legal services to defend your freedom, buying a home in rare circumstances, buying an automobile in rare ircumstances, contracts for items with which you need to run YOUR business, a lease SOLELY for YOUR use and habitability.

Bottom line, don't be quick to contract for ANYTHING, unless the lives of your spouse or children are at stake, hopefully your spouse will reciprocate.

All other contracts should NOT be signed until you've debated and deliberated the matter thoroughly for 72 hours or more!!!!!

If the other party discourages your ability to study and research a contract, walk away.
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That's a wise way to look at it. Thank you for your advice.
 

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