Legal Question in Consumer Law in California

Health Club Contract Void Clause

We added a visiting family member to our membership for 30 months.This family member moved out of USA. Contract says that you may void if you move over 25 miles from nearest facility with proof of address change. We have done this and have documentation, but they are calling to collect dues and will not void contract. Please advise.


Asked on 4/24/02, 9:17 pm

2 Answers from Attorneys

Re: Health Club Contract Void Clause

You need an attorney to write a letter demanding that they cancel the contract and stop harassing you.

Unfortunately, people sometimes will not do the right thing unless an attorney threatens them.

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Answered on 4/24/02, 10:45 pm
Robert Shaw Law Offices of Robert F. Shaw, Jr.

Re: Health Club Contract Void Clause

Thank you for your inquiry.

While I cannot advise you specifically with respect to the terms of the contract without seeing it, I can tell you that if in fact the contract validly provides that you can void the membership under the circumstances you have described, then you should contact an attorney and have a letter written on your behalf. A strong demand letter that they cease and desist all collection efforts is entirely appropriate. If you are being severely harassed, threatening legal action against them may also appropriate.

Should you need assistance with this, please don't hesitate to contact my office.

NOTE: Please understand that the information provided in this reply is for informational purposes only and does not create an attorney-client relationship. It also may not be complete. Before you make any decision that might possibly have legal implications, you should consult with our office, or another qualified professional, in a manner that provides for thorough communication so that thorough legal advice can be provided in a manner that relates to your specific circumstances. Thank you. Law Offices of Robert F. Shaw, Jr. 336 Bon Air Center. No. 407, Greenbrae, CA 94904. (415) 209-6332. http://www.QualityLegalCounsel.com

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Answered on 4/25/02, 1:16 am


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