Legal Question in Consumer Law in California

Can health club set expiration date for services paid in full

I paid cash, in full, for 12 personal training sessions at my health club. I have not used the sessions and have asked for a refund of my money. They have stated that they will not refund my money because all sessions expire 12 weeks after purchase. It has been more than 12 weeks since I purchased them. Can they do this or does this fall under the same circumstances as a gift certificate?


Asked on 4/10/03, 2:56 pm

2 Answers from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

Re: Can health club set expiration date for services paid in full

like most transactions, typically the wording of the agreement or contract will be controlling on both parties. if you have your written agreement, you should look at the language regarding terms and usage of the training sessions your paid for to further evaluate your rights in this matter. if the agreement was oral, were there any conditions mentioned regarding expiration of the sessions? if you would like further assistance, email my office directly today with more details on the agreement, what was said or written, as well as how much you are out of pocket now based on the opposing party failing to honor your sessions now.

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Answered on 4/10/03, 3:00 pm
Jay Edelson KamberEdelson

Re: Can health club set expiration date for services paid in full

I have not seen a law that prohibits a health club from setting an expiration date. I can tell you, however, that there are some very good consumer protection laws in California that protect members of health clubs. It's very possible that the health club violated one of these laws, thus giving you an indepedent reason to get out of your contract.

If you fax me a copy of your contract -- 312-913-9401 -- I would be happy to take a look at it and give you a more complete answer (free of charge).

Jay Edelson

Blim & Edelson, LLC

[email protected]

312-913-9400

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Answered on 4/15/03, 4:29 pm


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