Legal Question in Consumer Law in California

I have a question reguarding a contract entered into by my husband and a local gym. He was informed at the end of July that the gym was closing. We assumed at that point his contract would become void. Now here we are almost 2 months later and they are still taking money out of our account. Come to find out the gym remained open under new owners. Now they will not refund our money or let us cancel the membership. Can they do that??


Asked on 9/10/09, 12:40 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

If the gym is under new ownership and all of the assets (including memberships) have been transferred to the new owners, and there has been no decline in the level of service or equipment, then your husband has every right to continue to go to the gym. Nothing has changed except the ownership. If, on the other hand, the former owners told your husband that it would be closing and he would receive a pro rata refund of his membership, and your husband relied on that assurance to purchase a membership elsewhere, that's a different issue.

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Answered on 9/10/09, 3:28 pm


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