randallsigler
New Member
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
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