Yahoo Answers is shutting down on May 4th, 2021 (Eastern Time) and beginning April 20th, 2021 (Eastern Time) the Yahoo Answers website will be in read-only mode. There will be no changes to other Yahoo properties or services, or your Yahoo account. You can find more information about the Yahoo Answers shutdown and how to download your data on this help page.
Trending News
Been bait 'n switched with verbal/written gym contracts - what to do?
So we joined Gold's Gym a week and a half ago.
the sales person gave us verbal terms to a contract, saying "you don't have to read it, i'll just explain it" -- and telling us that we were signing a month-to-month that we could cancel at any time. The term of the contract, he said, was two years, but we could end the contract without penalty so long as we called the corporate office and gave 30 days notice.
Well, we called to cancel one of our memberships, and they told us that the written contract stipulates that there is no cancelling the contract, we have to pay for the two year period stipulated therein -- and that any verbal agreements are null because we signed the contract.
and, indeed, there is an integrated clause in the contract stating that there is no verbal agreement that can supercede the terms of the written contract.
of course, we were dumb and didn't read it, we just signed when he explained it to us.
now they won't allow a cancel.
addendum - so, they won't allow a cancel -- now they've added that they will allow one if he's moving.
which he is. but they still are demanding a 100 dollar cancellation fee, which he can't afford to pay without some difficulty.
if we refuse to pay, our credit will suffer.
we went to the gym in person and the guy who sold the contract seems to have little recollection of what he said to us to get us to sign and he has no authority -- since the contracts are held and executed at the corporate office, he just sells em.
what the heck can we do about this --- and, supposing *i* who am not moving wish to cancel this contract... i'm probably not, but i feel like we've been baited/switched...
the question wasn't whether or not their actions were illegal.
we're aware that written contract trumps verbal agreement because there's no proof outside of what he said and what we said...
the question is, how to seek recourse of the wrong that has been done -- has anyone heard of a class action against one of these companies for this kind of fraudulent tactic?
the mens rea - the intent to deceive, is there, whether or not the law currently admits verbal contract...
4 Answers
- AJLv 41 decade ago
The terms of the contract you signed are binding. Sorry. The only option that might have some effect is to contact customer service and explain the situation. You could also try posting at this web site. It worked for me with a problem I had with Dell computers. www.planetfeedback.com
- npkLv 71 decade ago
Hate to say this but it's your fault. Never sign any contract without reading it and fully understanding it first. Verbal "promises" are worthless.
- danny14551Lv 51 decade ago
It is not illegal. It was your responsibility to read it. No judge will disallow a contract because you decided to sign it without reading it first.
