Consumer Law, Warranties health club cancellation

[randallsigler]

My jurisdiction is: Norcorss Georgia, Gwinnett County

Hello.

I am considering taking my health club to court over them refusing to cancel my contract. They have drafted my account for over 17 months after i have cancelled and they will not refund me. I have never used the club. After i cancelled I didnt realize they were still drafting me until the 14 month mark. Below is my letter of cancellation that i sent in via email and then by fax and followed up by phone. They state i am required to send it certified which the contract does not state i am required, it only states they would prefer it.

Do you think i have a claim for smalls claims court?

My cancellation =

From: Randall Sigler [mailto:randallsigler@gmail.com]
Sent: Monday, August 13, 2007 9:14 PM
To: orders@planetfitness.com
Subject:Re: Planet Fitness Membership Enrollment Complete!
- Hide quoted text -

HI Please cancel my membership. i understand there will be a charge to do of approx 50 or 60 dollars. i ahve transferred on my job out of town and cannot use it any longer.

thanks and you have been great and have wonderful customer service.

Randall Sigler

cancellation terms from actual agreement =

Upon the occurrence of any of the circumstances enumerated in subparagraphs I. (a) or (b) or (c) of this section, you or your estate shall be relieved of any further obligation for payment under the contract not then due and owing. Rates may differ based on membership plan. I realize that all of the foregoing written material will be honored by Planet Fitness and understand my rights my rights of cancellation and refund policies as listed in the contract. I further realize that I must obey the rules of Planet Fitness, and that Planet Fitness has reserved the right to refund the pro-rated cost of any unused services and remove me from Planet Fitness at any time that my actions violate the rules of Planet Fitness. It is expressly agreed that all exercises shall be undertaken by me at my sole risk and that Planet Fitness, its owners, employees, and agents shall not be liable to me for any claims, demands, actions or causes of action whatsoever, to my personal property arising out of or connected with the use by me of the service and facilities of Planet Fitness. I do hereby expressly forever release and discharge Planet Fitness from all such claims, demands, injuries, damages, actions or causes of action. I have read and understand and voluntarily submit the foregoing Release and Assumption of Risk Agreement, and I have received a copy of this contract and release agreement. This constitutes the entire agreement between Planet Fitness and the member.
Billing For Monthly Dues
Billing for Monthly Dues. By submitting this agreement, you have authorized the club to bill your bank account or credit card for your monthly dues. Your account will be billed on or shortly following day 17 of each month for the amount of $10.00. A $10 service charge will be applied for each month your monthly dues are returned uncollectible. - In order to cancel the membership billing for day 17 of the month, the club requires notification in writing preferably by certified mail (any membership can be cancelled with 30 days written notice.) - If this membership has a 'minimum' term, and you wish to cancel prematurely, a $58.00 'Buy Out' fee is required with your cancellation. - Once any minimum term has been met, your membership will continue on a monthly basis - Annual Rate Guarantee Fee of $10 billed on or shortly after October 1st

 

[dee_dub]

Upon the occurrence of any of the circumstances enumerated in subparagraphs I. (a) or (b) or (c) of this section, you or your estate shall be relieved of any further obligation for payment under the contract not then due and owing.

What are those circumstances (a) or (b) or (c)?

I realize that all of the foregoing written material will be honored by Planet Fitness and understand my rights my rights of cancellation and refund policies as listed in the contract.

That doesn't say whether or how you can cancel, it just says it's governed by the contract.

(any membership can be cancelled with 30 days written notice.) - If this membership has a 'minimum' term, and you wish to cancel prematurely, a $58.00 'Buy Out' fee is required with your cancellation.

Does the contract say anything else about cancellation other than this? It sounds like you provided the written notice. Did you pay the $58.00 "Buy Out" fee?

 

[randallsigler]

Hello,

no i didnt pay the 58.00 dollar pay out fee. They were supposed to deduct it from my checking account and i have researched back and they never did.

I have talked with them and they said the cancellation states i had to cancel via certified mail but the contract doesnt state that, it states in writing, preferrably by certified mail. Preferred is a preference but doesnt mean it is a requirement.

 

[dee_dub]

When you're asked questions about details of the contract, it is because they may be relevant.

preferrably by certified mail. Preferred is a preference but doesnt mean it is a requirement.

You should advise the health club of that. FWIW, that's the way I'd read it as well.

I suspect you may have more of a problem with the $58.

 

[randallsigler]

thanks I appreicate your advice. In my original termination notice I acknowledged the cancellation fee but never did pay it for all fees were setup on auto draft including termination fees.

I will file in smalls claims ccourt next week and let you know the outcome.

 

[randallsigler]

Hello,
I just wanted to send an update. I took the health club to small claims court and with success. I was awarded all I asked for plus court costs minus 6 months of dues. The courts also cancelled the contract immediately for the health club owners stated even though they were served with court papers by the sheriff's department, they still continued to draft my account two more times and didn't consider us in front of a judge proper notice that I had cancelled. That didn't set to well with the Judge. Thanks for helping.... Randall Sigler