Is a refund within my rights?

[williamss]

I joined a fitness program last fall. I paid several thousand dollars up front for personal training sessions. I tried the program for two months but there have been so many problems, e.g. double-booked appointments, misinformation about the facility's hours, lack non functional equipment, etc. that I've decided to leave the program and look elsewhere. I do not expect a refund on the training sessions already used. What I do want, however, is a refund on the remaining sessions. I was not informed of any non-refund policy and have not signed anything stating such a policy. I have signed two documents, one is an injury waiver, and the other is a certificate stating that I am committed to the program and if I follow it 100% and do not reach my fitness goals during the time frame they promised, I will receive free personal training until I do reach those goals.

I haven't said anything to the owner of the company yet. I am unsure how to proceed, and want to know what my rights are before opening this can of worms.

I would greatly appreciate any advice.

I don't know if it makes a difference, but I am located in southern california.

Thanks.

 

[NYClex]

It depends very much on the provisions of the contract. But even if the contract says that you cannot terminate early, there might be issues of breach of contract on the side of the gym. Since it is about a pretty big sum of money you should invest in a consultation by an attorney and have him look over the contract and evaluate if your issues with the gym amount to a justification for you terminating.