Legal Question in Credit and Debt Law in Utah

I went to my local ladies gym for a tour and the sales person wanted me to sign up for a 3 year contract. I stated no that i wouldnt because no job was safe. The sales lady said that if i was laid off or in the hospital due to illness that they would take care of my payments. I signed the contract and sure enough I got laid off from the company where I worked. I called up the national company and they said they never do any of that. I then called the local gym and they said they had fired that person. My question is there anything protecting me after they lied? I have been paying for a year and complained to the national company. Can I get out of this stupid contract? I have only gone 4 times to the gym and have not been back since I found out they lied to me.


Asked on 9/17/09, 10:28 am

1 Answer from Attorneys

Cory Wall Cory R. Wall, Attorney at Law, P.C.

You certainly have the right to file a lawsuit against the company seeking a rescission of the contract based upon fraud or misrepresentation. However, the major problem I can see is if you signed a written contract, which I'm sure you did, and if there is no language in that written agreement to the effect that you wouldn't have to make payments if you were to lose your job or had a serious health issue which prevented you from making the payment, you probably wouldn't prevail. However, if you filed a lawsuit and if the company is unablet to produce the salesperson as a witness, you might be able to persuade a judge that you should be released from the contract.

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Answered on 9/23/09, 2:37 pm


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