Legal Question in Consumer Law in California


I signed up for a gym for five members of my family in 2014 in California. The contract had a specific price, let's say $3000/yr. The contract also stated that after the first year it would be renewed on a month to month basis but didn't indicate at what price. I assume it would be the prevailing monthly rate at that time. I had the gym representative cross out the statement "on a month to month" and change to annually at the same fixed price $3000/yr. The gym representative also signed right above the cross out and where the language was changed to annually. I have been paying this rate in 2015 and 2016. The gym had also emailed me this contract for my records in 2014. I signed this contract at the bottom but the field for the gym representative to sign is blank in the copy that was emailed to me. Do I have a valid enforceable contract? I ask because I received a renewal notice but the prices are much higher, essentially doubling the cost of the annual membership. There is no mention of my prior contract from 2014 in the renewal email. I have not discussed this yet with the gym but would like to know ahead of time what rights I have with reference to my original contract. Thank you.

Asked on 11/24/17, 9:23 pm

1 Answer from Attorneys

Fred Valentine Law Offices of Fred L. Valentine

You may have a case if you can prove the gym agreed to the modification. As you stated it wasn't signed. But it was initialed. If you want to discuss send me an email.

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Answered on 12/06/17, 12:33 pm

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