Civil/Commercial Litigation (Lawsuits)/Health Club contract

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Question
Hi Morgan. I hope you're the right person to ask about this. I've been a member of a local gym for about 7 years. For the most part I have never been satisfied with the way they ran the club but it was the best in town for a very long time (which really isn't saying much.) But recently they're really falling behind. They aren't repairing equipment properly. The place is borderline unhealthily-dirty. And I'm no longer comfortable with the clientele there since they lowered the prices so much.

I don't have a time commitment with this gym. There is no contract end date. But I've been told that the only way I can get out is if I move to an area where there isn't a location of this gym within 50 miles. I'm sorry but I don't buy that. I've reviewed my contract and I can't really see a way out.

My question to you is what sort of language do I need to look for in possibly being able to get out of this deal? What sort of recourse do I have because I want to go somewhere else and I don't' want to pay for two different memberships.

Answer
Hello Ryan,

Before I respond further to your question, I must make clear that I do not represent you, and cannot give you individual particularized legal advice. No attorney client relationship is created by this email. For legal advice, you should hire your own attorney, and follow their advice. My role with AllExperts is limited to providing general information and suggestions for educational or general knowledge purposes. Before you take any action, consult with your own attorney.

You have me a little puzzled when you write "There is no contract end date" and "I've been told".  I'm wondering if you have a written contract for your membership, and if so, what are its terms.  I suggest avoiding what you've been told, and get directly to the heart of your matter.  You may do well to ask the gym for a copy of any rules.  With the help of an attorney, you may should be able to obtain copies of any agreement documents you've committed yourself to.  So armed, you should be capable of intelligently effecting your termination.

I hope this helps, good luck to you.

Morgan Smith
SMITH & RAVER LLP
Minneapolis, Minnesota
http://smith-and-raver-llp.biz
Conciliation Court * Civil Litigation * Forfeitures * Construction * Family Law  

Civil/Commercial Litigation (Lawsuits)

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Morgan Smith

Expertise

Civil litigation (contract claims, landlord-tenant actions, forfeiture suits, residential construction defect matters), Family law (divorce, custody modifications, child support modifications, and pre-nuptial agreement), new business start-ups, civil forfeiture, asset forfeiture. Please do not submit your question as Private. It is my policy not to answer Private questions from members of the public here on AllExperts; I reserve that function to my private clients. Although AllExperts permits me to change your questions from Private to Public, it is my policy not to do that. I encourage you to resubmit your question as a public question. Your public question has the potential to help others with similar concerns. I suggest that you use a pretend name and otherwise alter sensitive facts that make you inclined to treat your question as Private, and submit your question to me Publicly.

Experience

I've been practicing law in the State of Minnesota since 1995. I've worked in skyscraper firms, and now my own small firm in Minneapolis. Past answers from my earlier participation on AllExperts is posted at: http://en.allexperts.com/q/Civil-Commercial-Litigation-911/indexExp_80217.htm

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AllExperts, Yahoo Answers, http://smith-and-raver-llp.biz/News.html

Education/Credentials
J.D. William Mitchell College of Law, St Paul, MN

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