# Literal reading of gym contract makes it impossible for me to cancel.

**URL:** <https://boards.straightdope.com/t/literal-reading-of-gym-contract-makes-it-impossible-for-me-to-cancel/810692>\
**Category:** In My Humble Opinion\
**Created:** [March 16, 2018, 8:15pm UTC](https://boards.straightdope.com/t/literal-reading-of-gym-contract-makes-it-impossible-for-me-to-cancel/810692 "2018-03-16T20:15:42Z")\
**Posts on this page:** 14\
**Page:** 1

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**Author:** ![Frylock](https://avatars.discourse-cdn.com/v4/letter/f/ce7236/32.png) [@Frylock](https://boards.straightdope.com/u/Frylock)\
**Post date:** [March 16, 2018, 8:15pm UTC](https://boards.straightdope.com/t/literal-reading-of-gym-contract-makes-it-impossible-for-me-to-cancel/810692/1 "2018-03-16T20:15:42Z")

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My gym contract states that I can cancel _if_ one of the following conditions obtains:

A doctor certifies I can’t use their services, or  
I move 25 miles or more away, and none of their locations are availabe, or  
They close down, and no locations are available within 25 miles, and no other gym takes over the location.

It states that _if_ one of those conditions obtain, I can cancel by sending them a certified letter.

And that (admittedly in summary but it’s an easy read) is the entirety of what it says about how to cancel.

I note that if I take this completely literally, then since I’m not sick, haven’t moved, and the gym hasn’t closed, I am not allowed to cancel the contract. I must pay them forever.

That can’t be enforceable though, can it?

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**Author:** ![Tired\_and\_Cranky](https://avatars.discourse-cdn.com/v4/letter/t/a87d85/32.png) [@Tired\_and\_Cranky](https://boards.straightdope.com/u/Tired_and_Cranky)\
**Post date:** [March 16, 2018, 8:24pm UTC](https://boards.straightdope.com/t/literal-reading-of-gym-contract-makes-it-impossible-for-me-to-cancel/810692/2 "2018-03-16T20:24:55Z")

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The time to resolve questions like that is before you sign the contract.

Call them and tell them you want to cancel and see what they say.

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**Author:** ![k9bfriender](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/k9bfriender/32/3283_2.png) [@k9bfriender](https://boards.straightdope.com/u/k9bfriender)\
**Post date:** [March 16, 2018, 8:30pm UTC](https://boards.straightdope.com/t/literal-reading-of-gym-contract-makes-it-impossible-for-me-to-cancel/810692/3 "2018-03-16T20:30:56Z")

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That’s usually over a time. Is there not a time limit on the contract?

Those are conditions to cancel while the contract is still active, but every contract I’ve ever seen like that is for a year, or at most a couple of years. Not renewing at the end of the contract is not the same thing as canceling.

OTOH, if that is a permanent contract, that also means that they will never be able to raise your rates.

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**Author:** ![Shodan](https://avatars.discourse-cdn.com/v4/letter/s/9f8e36/32.png) [@Shodan](https://boards.straightdope.com/u/Shodan)\
**Post date:** [March 16, 2018, 8:36pm UTC](https://boards.straightdope.com/t/literal-reading-of-gym-contract-makes-it-impossible-for-me-to-cancel/810692/4 "2018-03-16T20:36:20Z")

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Please tell me you didn’t do an automatic payment plan.

Is this contract for a year, or three years, or something like that?

Regards,  
Shodan

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**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\
**Post date:** [March 16, 2018, 8:38pm UTC](https://boards.straightdope.com/t/literal-reading-of-gym-contract-makes-it-impossible-for-me-to-cancel/810692/5 "2018-03-16T20:38:40Z")

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> [@k9bfriender](#):
>
> That’s usually over a time. Is there not a time limit on the contract?
> 
> Those are conditions to cancel while the contract is still active, but every contract I’ve ever seen like that is for a year, or at most a couple of years. Not renewing at the end of the contract is not the same thing as canceling.
> 
> OTOH, if that is a permanent contract, that also means that they will never be able to raise your rates.

My daughter had to cancel her debit card to get LA Fitness to stop billing her every month. When they called to get her new card number she told them she had cancelled. They said she had to go to one of their locations to cancel. She told them she had, and it didn’t work. They kept calling for a few months, but eventually stopped.

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**Author:** ![k9bfriender](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/k9bfriender/32/3283_2.png) [@k9bfriender](https://boards.straightdope.com/u/k9bfriender)\
**Post date:** [March 16, 2018, 8:50pm UTC](https://boards.straightdope.com/t/literal-reading-of-gym-contract-makes-it-impossible-for-me-to-cancel/810692/6 "2018-03-16T20:50:34Z")

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> [@Procrustus](#):
>
> My daughter had to cancel her debit card to get LA Fitness to stop billing her every month. When they called to get her new card number she told them she had cancelled. They said she had to go to one of their locations to cancel. She told them she had, and it didn’t work. They kept calling for a few months, but eventually stopped.

Should double check to make sure they didn’t send her bill to collections. I’ve heard they can be asses like that.

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**Author:** ![Riemann](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/riemann/32/3133_2.png) [@Riemann](https://boards.straightdope.com/u/Riemann)\
**Post date:** [March 16, 2018, 8:57pm UTC](https://boards.straightdope.com/t/literal-reading-of-gym-contract-makes-it-impossible-for-me-to-cancel/810692/7 "2018-03-16T20:57:44Z")

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> [@Frylock](#):
>
> …I must pay them forever…

Huh? There is surely no such thing as a permanent contract. You must pay them until the end of the term of the contract, unless you meet the conditions for early cancellation.

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**Author:** ![TruCelt](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/trucelt/32/523_2.png) [@TruCelt](https://boards.straightdope.com/u/TruCelt)\
**Post date:** [March 16, 2018, 9:51pm UTC](https://boards.straightdope.com/t/literal-reading-of-gym-contract-makes-it-impossible-for-me-to-cancel/810692/8 "2018-03-16T21:51:55Z")

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IANAL, but I’ve done a fair few contract negotiations.

If there is no end date on the contract then just give them thirty days notice, in writing, and be sure to mail it with a signature receipt required.

If you have a 5-year contract and are trying to cancel it early, then you may not be able to do so.

US courts have pretty reliably deemed invalid any contract which continues in perpetuity. If the end date is not specified, then “commercially reasonable” notice of termination is usually accepted. That’s generally 30-60 days depending upon the service or commodity type.

Most people will give in to save their credit, so be on guard for them to give you a bad rating when you stop paying them. Check your credit report monthly for a year or so.

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**Author:** ![Fiveyearlurker](https://avatars.discourse-cdn.com/v4/letter/f/da6949/32.png) [@Fiveyearlurker](https://boards.straightdope.com/u/Fiveyearlurker)\
**Post date:** [March 16, 2018, 9:53pm UTC](https://boards.straightdope.com/t/literal-reading-of-gym-contract-makes-it-impossible-for-me-to-cancel/810692/9 "2018-03-16T21:53:48Z")

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I got out of one of these once. Do you happen to have a friend living more than 25 miles away from one of their gyms who will let you use their address for certain purposes…

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**Author:** ![Riemann](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/riemann/32/3133_2.png) [@Riemann](https://boards.straightdope.com/u/Riemann)\
**Post date:** [March 16, 2018, 10:21pm UTC](https://boards.straightdope.com/t/literal-reading-of-gym-contract-makes-it-impossible-for-me-to-cancel/810692/10 "2018-03-16T22:21:30Z")

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> [@TruCelt](#):
>
> Most people will give in to save their credit, so be on guard for them to give you a bad rating when you stop paying them. Check your credit report monthly for a year or so.

Maybe this deserves a separate thread, but what is your best recourse if somebody dings your credit rating or sends your account to collections without reasonable justification?

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**Author:** ![Alley\_Dweller](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alley_dweller/32/430_2.png) [@Alley\_Dweller](https://boards.straightdope.com/u/Alley_Dweller)\
**Post date:** [March 16, 2018, 10:25pm UTC](https://boards.straightdope.com/t/literal-reading-of-gym-contract-makes-it-impossible-for-me-to-cancel/810692/11 "2018-03-16T22:25:06Z")

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> [@TruCelt](#):
>
> US courts have pretty reliably deemed invalid any contract which continues in perpetuity. If the end date is not specified, then “commercially reasonable” notice of termination is usually accepted. That’s generally 30-60 days depending upon the service or commodity type.

Is that the secret that all of the “time share exit” companies use?

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**Author:** ![Frylock](https://avatars.discourse-cdn.com/v4/letter/f/ce7236/32.png) [@Frylock](https://boards.straightdope.com/u/Frylock)\
**Post date:** [March 16, 2018, 11:36pm UTC](https://boards.straightdope.com/t/literal-reading-of-gym-contract-makes-it-impossible-for-me-to-cancel/810692/12 "2018-03-16T23:36:40Z")

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> [@Riemann](#):
>
> Huh? There is surely no such thing as a permanent contract. You must pay them until the end of the term of the contract, unless you meet the conditions for early cancellation.

That’s what I said–surely this can’t be enforceable.

However, I’ve re-read the contract and there’s an entire paragraph I somehow missed the first time stating that the contract is for a specified term.

Weirdly, it says it’s for a term equal to a number of months “listed above,” and for the life of me I can’t find any such thing listed above, below, to either side or anything.

Anyway, I do know that orally they told me it was a one year long auto-renewable contract so that solves that, or near enough.

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**Author:** ![Nawth\_Chucka](https://avatars.discourse-cdn.com/v4/letter/n/c57346/32.png) [@Nawth\_Chucka](https://boards.straightdope.com/u/Nawth_Chucka)\
**Post date:** [March 18, 2018, 7:01pm UTC](https://boards.straightdope.com/t/literal-reading-of-gym-contract-makes-it-impossible-for-me-to-cancel/810692/13 "2018-03-18T19:01:11Z")

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> [@Procrustus](#):
>
> My daughter had to cancel her debit card to get LA Fitness to stop billing her every month. When they called to get her new card number she told them she had cancelled. They said she had to go to one of their locations to cancel. She told them she had, and it didn’t work. They kept calling for a few months, but eventually stopped.

This is one of the debt buyers favorite purchases, gym memberships. B/c one doesn’t usually keep the paperwork they got when they went in person to cancel it; by the time the debt collector calls years later they have no proof to show. Canceling the credit or debit card so the gym can’t charge anymore is the usual route people take instead of a certified letter or a personal visit. This incurs additional fees, as her contract would probably show.  
The debt may be in the thousands of dollars (IME I saw some as high as $8K) when charged off as a loss by the gym’s finance company; they’ll likely deduct that on their taxes. They’ll then sell it to a debt collector for a couple pennies on the dollar; if that buyer manages to collect even a dime per dollar from the debtor they come out ahead, that’s why they’re always anxious to settle on a lower amount.

The biggest lesson I learned in that department (I wasn’t a collector) is that when a company finances what they sell you, the financing is really what’s for sale. That’s where they’ll make the most profit in the long run. That’s the sort of debt the company I worked for bought almost exclusively.

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**Author:** ![Wesley\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wesley_clark/32/20581_2.png) [@Wesley\_Clark](https://boards.straightdope.com/u/Wesley_Clark)\
**Post date:** [March 18, 2018, 7:03pm UTC](https://boards.straightdope.com/t/literal-reading-of-gym-contract-makes-it-impossible-for-me-to-cancel/810692/14 "2018-03-18T19:03:46Z")

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It isn’t planet fitness is it? If so, I’m fucked.
