Legal Question in Consumer Law in New Jersey

Bally's gym membership

I signed up a few months ago with Bally's gym in Springfield NJ. I entered into a three year contract but I was not informed that I was not allowed to cancel my membership. The state that the only way I'm allowed to cancel is if I get a doctor's note or I live more than 25 miles from a Bally's gym. Is there any way to get out of this contract?

Asked on 10/13/04, 8:19 pm

1 Answer from Attorneys

Alan Albin Alan S. Albin, Attorney at Law

Re: Bally's gym membership

Possibly, but your attorney would at the least, need to review the actual contract and get more information from you to see how you should proceed.

If the contract violates consumer protection laws, or if the salesperson somehow misrepresented the facts or deceived you in some way, you may be able to get out of the contract.

The mere fact that you were not told that you could not cancel the contract might not be enough. If you sign a three-year contract, and that contract legally complies with applicable consumer protection laws, then you are presumed to be obligated for the length of the term, other factors aside.

It sounds like all that you are saying happened is that you voluntarily signed up for a three-year contract, then after a few months, changed your mind (i.e. got tired of working out). You don't say anything is wrong with Bally's facilities, the way you are treated, or in fact that Bally's has in any way violated the agreement with you.

It is possible that the contract itself contains language which might be helpful, but again, an attorney would need to actually read the contract.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]


(*Licensed in New Jersey, Maryland, and Dist. of Columbia)

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

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Answered on 10/15/04, 9:25 am

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