A common complaint amongst gym goers everywhere is that it's really difficult to cancel a gym membership once you've signed up.
Unfortunately, if you sign a gym contract with a term longer than a month, you're generally bound for its duration, requiring you to pay fees, accept auto-renewals, and cancellation charges.
However, you still may be able to cancel a gym membership via lawsuit if there is evidence of one of the following defenses.
Courts will cancel contracts if a party can show that the other made material misrepresentations of fact that caused them to enter into a contract. If the employee who sold you your membership lied about the gym's services or made promises he couldn't keep, you may fit this criteria.
2. Illegality and Unconscionability
Courts may also cancel a gym membership if you can show that the contract's terms are illegal, unconscionable, or against public policy.
This, however, is unlikely, as your gym contract was likely drafted with state and local laws in mind.
Contracts can also be voided if performance becomes physically impossible by one of the parties. While a loss of a job may not be an excuse, an illness may be sufficient to cause a court to grant the cancellation of a gym contract.
Even if you have a good argument that would cause a court to cancel a gym membership, it still might not be a great idea to sue. Court costs and legal fees may be more than paying a cancellation fee or monthly dues.
- Limits to a Contract (FindLaw)
- How to Negotiate a Gym Membership Contract: Top 5 Tips (FindLaw's Common Law)
- The Disclosure Counts: the FTC Punishes Fine Print (FindLaw's Free Enterprise)