Legal Question in Business Law in California

My wife and I have been members of a health club for 15 years. We have always paid a rate of $24 per month (each). 6 years ago Frog's Fitness bought the club from the origianal club that we had contracted with (Fitness Advantage). For the past 6 years Frog's has continued to charge us the same $24 per month.

Frog's now wants to rasie out monthly fees. Can they do that?

In our original contract with Firness Advantage (who Frogs bought out) it says in one section:

"Type of membership purchased: Dues Amount: $109 / 24.00 (The $109 was our initiaon fee and the $24 was out monthly rate).

In another section under "Club Policies" it says:

"Members and their guests shall be bound by the rules & regualtions of the Club. The Club policies may be revised at the discreation of management as deemed necessary for the proper operation of the club."


Asked on 3/04/11, 9:56 pm

3 Answers from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Yes, they can raise the rates.

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Answered on 3/04/11, 10:00 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

.......and after all these years, it's a wonder they have not done so sooner!

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Answered on 3/05/11, 9:46 am
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I agree with the other attorney answers. Unless your original contract specifies a states rate for a stated period of time, they can revise the rates at any time. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 3/05/11, 11:26 am


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