bugsysiegals
New Member
I've been a member of my local gym for the past 4 1/2 years and want to quit to join another gym with better equipment and cheaper prices. After contacting the gym and asking them what I needed to do to discontinue my membership, they said I'd have to pay the last month plus a $95 early termination fee. They say that my contract automatically renews every year and I'm canceling early. They send out a letter in the mail indicating that your contract will automatically renew if you do not cancel; however, there isn't anything in the contract that mentions renewal of the contract.
After reviewing the contract, which the employee who signed me up filled in my info but I never signed it, I have noticed the following reasons why I believe I'm not obligated to pay the early termination fee.
1. The contract has an early termination section that says, "for whatever reason you may wish to terminate this Agreement within the first 12 months you are required to give Razor Sharp Fitness, LLC, 30-day written advanced noticed at which time you will be charged for your final month of membership and a termination fee of $95. Your obligations under this agreement are not released until such amounts are paid." This says within your FIRST 12 months which to me means that you ONLY need to pay a termination fee if terminating the contract within the FIRST 12 months.
2. There is a section called Entire Agreement that says, "I understand that this Agreement constitutes the entire agreement pertaining to my membership at Razor Sharp Fitness, LLC, and no other agreements of any kind, verbal understanding or promise whatsoever, will be recognized or binding upon Razor Sharp Fitness LLC. Reading this Agreement and my signature constitutes full acceptance and understanding of the Agreement and acknowledgement of receipt of a copy of this Agreement." Since this section explicitly states that this Agreement (everything on the membership agreement) constitutes the ENTIRE agreement and the agreement fails to mention anything about renewal, I feel that their letters indicating automatic renewal are not part of the agreement and are null and void. I also didn't sign my name to this contract; however, by attending the gym perhaps I'm agreeing to the terms of the contract regardless??
So ... am I obligated to pay the early termination?? I'm afraid that they will bill me regardless and when I don't pay, it will go on my credit report. I'm not even sure if I have any recourse and can sue them for the damages they've caused by ruining my credit and/or time I will lose trying to get this resolved. Is it not worth the hassle and I should just pay the $95 or should I stand my ground and sue them if they bill me?
After reviewing the contract, which the employee who signed me up filled in my info but I never signed it, I have noticed the following reasons why I believe I'm not obligated to pay the early termination fee.
1. The contract has an early termination section that says, "for whatever reason you may wish to terminate this Agreement within the first 12 months you are required to give Razor Sharp Fitness, LLC, 30-day written advanced noticed at which time you will be charged for your final month of membership and a termination fee of $95. Your obligations under this agreement are not released until such amounts are paid." This says within your FIRST 12 months which to me means that you ONLY need to pay a termination fee if terminating the contract within the FIRST 12 months.
2. There is a section called Entire Agreement that says, "I understand that this Agreement constitutes the entire agreement pertaining to my membership at Razor Sharp Fitness, LLC, and no other agreements of any kind, verbal understanding or promise whatsoever, will be recognized or binding upon Razor Sharp Fitness LLC. Reading this Agreement and my signature constitutes full acceptance and understanding of the Agreement and acknowledgement of receipt of a copy of this Agreement." Since this section explicitly states that this Agreement (everything on the membership agreement) constitutes the ENTIRE agreement and the agreement fails to mention anything about renewal, I feel that their letters indicating automatic renewal are not part of the agreement and are null and void. I also didn't sign my name to this contract; however, by attending the gym perhaps I'm agreeing to the terms of the contract regardless??
So ... am I obligated to pay the early termination?? I'm afraid that they will bill me regardless and when I don't pay, it will go on my credit report. I'm not even sure if I have any recourse and can sue them for the damages they've caused by ruining my credit and/or time I will lose trying to get this resolved. Is it not worth the hassle and I should just pay the $95 or should I stand my ground and sue them if they bill me?
