Legal Question in Business Law in Maryland

I joined a local health club which I will refer to as LTF on January 19, 2010. They only had the one location which is less than 2 miles from my home. On April 2, 2010 at 3 pm I received an email stating that the health club was closing but another business which I will refer to as PSDC would be taking over starting April 5, 2010. The new business would not be moving into the location near my home but would be accepting LTF members at their location much farther from my home (more than 10 miles). The email also stated that if I wanted to discuss my membership with the LTF owner I could email her or I could find her at PSDC. I thought about my options for a few days before sending her an email on April 6, 2010 requesting that my membership be cancelled effective immediately. On April 9, 2010 I received a response stating that per Maryland law my membership will terminate in 90 days from when I requested the cancellation. She gave a date of July 6, 2010 as the effective date. My question - Isn't the owner of LTF required to give members more than 2 1/2 days notice of such a change? Do I have any recourse other than to continue the membership at PSDC until July 6, 2010? Thank you. I'm not sure if I chose the correct area of law from the drop down menu of choices.


Asked on 4/09/10, 3:04 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

You should read your contract to see if there are any provisions dealing with the effect of the closure or relocation of the club on your membership rights. Given the short interval between when you joined and when the club closed, coupled with the fact that the old owner is now apparently associated with the new club, it seems likely that the LTF owner knew of the relocation plans, or at least that it was in the works, when you joined. I think you have a good argument that one of the important elements of your decision to join was the proximity of LTF to your home, and had you been informed at the outset of the planned move, you would have looked elsewhere for a more convenient facility.

I would write a letter stating that the above and that you feel their relocation violated an essential term of the agreement. Tell them that if you don't receive a pro rata refund of your membership fee (you did get 2 1/2 months of use), you intend to file a complaint with the consumer protection division of the MD attorney general's office and/or a small claims action. By the way, the health club registration unit of the AG's consumer protection division can be reached at 410 576-7295. Call them for more information.

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Answered on 4/16/10, 6:36 am


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