Legal Question in Consumer Law in California

I went to my gym today to cancel membership, as I was within the 5-day cancel period stated on my contract. The gym complied and had me complete a cancellation request form.

Since the contract also explained: "TO CANCEL THIS AGREEMENT, MAIL OR DELIVER A SIGNED AND DATED NOTICE, OR SEND A TELEGRAM WHICH STATES THAT YOU ARE CANCELING THIS AGREEMENT," I had brought a letter of cancellation and was going to ask them to sign a copy to acknowledge receiving it. However, the gym refused to take or sign my letter, saying that the completed cancellation request form was all that was needed to cancel.

It appears that all paperwork for cancellation must be forwarded to their corporate office and billing agency before the cancellation of membership is complete.

Since I have read complaints about gyms dragging out and being underhanded w/cancellations, should I be worried that I can be told later by corporate and/or billing that I did not provide proper paperwork and therefore my membership was not canceled and will continue to be charged?

Is there anything proactive I can do to make sure corporate and billing receive and fulfill my request to cancel?

Asked on 12/04/13, 1:58 am

1 Answer from Attorneys

Armen Tashjian Law Offices of Armen M. Tashjian

Find out the name of the person in corporate and fax it to him or her. Also fax one to the gym manager. Keep fax receipts as proof. If they have email address send via email as well.

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Answered on 12/04/13, 11:04 am

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