Legal Question in Consumer Law in Georgia

Gym misrepresented itself in fitness contract

I signed a 3 year contract with a gym with the assumption that my membership would be accepted at all the franchises listed on the club's website. Well, It is not and I didn't find this out until after I moved and tried to use it at one of the other franchises eight months later.

I don't feel I should have to honor this contract because I believe I was given the wrong impression about how many clubs I would have acces to. I checked out the franchise before I signed up and the location for both of the franchises are listed together when I search for locations for the franchisee I intended to join. Furthermore, websites for both franchises are listed on the back of the membership contract.

I knew I was losing my job and would have to move soon and would never have signed if I had know I would be limited to a single location. I am not interested in getting back the money I have already paid because I did use the gym before I moved, but I want out of future payments. Can the contract be declared null and void due to lack of mutual assent? Is there a way to get out of the contract without having to go to court?


Asked on 6/18/04, 3:49 pm

2 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Gym misrepresented itself in fitness contract

Without seeing the contract it's hard to give you a complete answer, but I suspect if you contact the Governor's Office of Consumer Affairs, they can assist you as they focus heavily on health clubs. See their website at www2.state.ga.us/gaoca/ Other contact info: 2 Martin Luther King Jr. Dr.

Suite 356

Atlanta, GA 30334

PHONE: 404.651.8600 (Metro Area)

800.869.1123 (GA only, outside Metro Area)

FAX: 404.651.9018

You'll find some of the law related to this issue at http://www2.state.ga.us/gaoca/FBPA.html#10-1-393.2

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Answered on 6/18/04, 4:10 pm
Charles W. Field Charles W. Field, Attorney at Law

Re: Gym misrepresented itself in fitness contract

There is no way to answer your question without reviewing the contract. You should consult with a local attorney.

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Answered on 6/18/04, 6:12 pm


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