Consumer Law, Warranties Why do I feel like a victim of an unfair contract?

[focals]

Hi there,

Please bear with me as I tell you the facts. I promise I will keep it short and to the point.


1. I joined (signed a contract with) a small gym (privately owned) in August 2004. I paid the 'non-refundable' fee as well as the fee for the first month i.e. August 2004. It is important to mention that the owner promised me to cancel the contract if I were to move out of state(I mentioned this to him in the begining).

2. I paid the fee for Sept 2004 as well. Since I was going on a vacation in Oct 2004, I informed this to the owner and he agreed to not charge me for the month of Oct 2004.

3. I didn't like the way the owner of the gym treated me and so I asked the owner of the gym to give me a copy of my contract so I can understand the terms and go ahead and cancel my contract if I were to move out of state. He gave me a run around to give me my contract copy but never gave it to me. He did give me a phone # to call to cancel my contract though!

4. I called up the phone number and was informed that the gym I joined was run by this company (EFC). I requested them to fax me a copy of my contract. It took them 2 weeks to do that!

5. I told them that I wanted to cancel my contract because I felt cheated by the gym and didn't want to go back there. I was told that there were two ways to get out of the contract which bound me for a year!

a) to have some physical illness
b) if I were to move somewhere

6) since I was already on treatment for a bad back with my Chiro, I went to him and asked him to write me a note prohibiting me from any physical training. He did that and I mailed that note to EFC. I did this in Oct 2004.

7) I received a "Collection Notice" (for Oct and Nov 04) from EFC saying that in order to cancel the contract I had to have a disability (for a certain # of months) per the terms of the contract.

8) Luckily, during the same time, my job required me to move out of the state and I faxed them my new address with some letters (for address verification). I did this in Dec 2004.

9) I received a "Second Collection Notice" in Dec 2004, stating that if I were to inform them of a change of address, I had to fill out a form (attached with the Collection Notice) and give the company a 2 months notice!! This is also per the terms of the contract.


I feel like duped by the owner of the gym. Could anyone advice me of my options here? The company wants to pay $5000 and change to cancel the contract (this is the fee for the entire one year!).


Thanks and I really appreciate your advice.


AH

 

[NYClex]

This is a very common problem with Gyms.

First of all, most probably your signed and written contract rules. Usually any oral agreements you might have had with the owner don't count. So you should look at what your copy of the contract says.

Second, that contract can be what the law calls unconscionable. In many "gym" cases courts have found the contracts to be so unfair that they are unconscionable and therefore unenforceable. There might be other issues with the contract, too.

So I guess you should take all your paperwork to an attorney and have him or her evaluate your situation.

 

[focals]

Thanks

Hi NYClex,
I really appreciate your reply.

Thanks and have a Happy New Year.

AH

 

[focals]

Finding an attorney

Hi NYClex,
Would you be able to guide me in the direction of how to find a good attorney? I have never done this before and would really appreciate the advice.


Thanks,

AH

 

[NYClex]

Have a look at this website: there are several articles that might help you in your search:

http://www.abanet.org/publiced/practical/needlawyer.html

 

[rufinosun]

How can I terminate my contracts without being filed in a civil suits?

1. I am an employee of a hospital. I am in an h1-b working visa. I would like to know if I can resign from my job without being filed in a civil suit. The hospital is my employer who sponsor me with an h1-b visa. But they will not sponsor me to become a permanent resident alien so I cannot obtain a greencard. I am looking for an employer who will assist me and sponsor me to get a greencard and become a permanent resident alien. I am very much interested to become a US citizen someday.

I have signed a contract with the hospital and this is the portion of the contract which says and I quote:

"2. TERM: The term of employment shall begin upon arrival and continue for three (3) years or until terminated as provided in paragraph 10."

TERMINATION OF EMPLOYMENT. The parties' employment relationship may be terminated upon any of these conditions:
a. By employer, immediately upon written notice if employee'license to practice as a medical laboratory technologist in michigan is suspended or revoked.
b. By employer, with or without cause upon three (3) months prior notice to employee for any reason.
c. By employee for any reason upon thirty (30) days notice.
d. upon mutual agreement of employer and employee.
e. death or disability of employee shall terminate this agreement as of the date of the death or disability. For this purpose, disability shall mean such condition as will preclude employee from rendering full services and effort to employer for a period of thirty (30) days. Any dispute regarding disabled status shall be determined by two qualified physicians not on the Three Rivers Health Medical Staff and appointed by the Chief of Staff of Three Rivers Health to resolve the dispute.

10. EFFECT OF TERMINATION. If employee's employment terminates pursuant to paragraph 10, the employer shall not be under any further obligation to the employee under this contract, except to pay the employee his monthly salary prorated to the date of his termination and to provide the employee with any benefits which may have accrued through the date of the termination. The termination of employment shall not prejudice any other remedy to which either party may be entitled at law or in equity under this contract."

2. I have signed a lease contract of an apartment. Can I leave the apartment even if I did not finish my lease of one year because I might be hired with another employer and will transfer to another state. Can I just pay a termination fee or penalty fee and not pay the remaining balance of lease contract of one year? What would be my explanations and reasons to the apartment's management so that they can allow me to leave the apartment and pay only a penalty fee or termination fee?

This is the termination clause of my lease contract of my apartment and I quote, "

10. TERMINATION
This lease shall terminate (1) upon expiration of the term hereof unless the resident shall notify the management that the lease is renewed, or (II) the management provides written notice to the resident that the lease will not be renewed, or (III) upon noncompliance by either party with the terms of this lease. Upon termination, the management shall be entitled to possession of the premises as authorized by law. The resident shall remain liable for any rent due during the remaining portion of the original term of this lease, or any renewal term hereof regardless of whether the management has regained possession. The management's rights shall be cumulative and shall not be exclusive of any other rights, remedies and benefits allowed by law.

Non-payment or repeated late payment of rent or default in any other financial obligation due under the lease and these rules beyond any grace period constitutes material non-compliance with the lease and is good cause for the termination of the tenancy."

Please give me your legal opinions. Thank you very much.