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Negotiating Business Deals/Business contracts question ?

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Question
Hello Rhett, how are you doing ? Not sure if this is the right field, but my question is,should you tell
A company that you have no interest at all to renew a contact or wait till your contract is up, which minds doesn't end till June 2014, which I have tried, and tried, and tried to get out if it, they will not let me, plus there not much of a cancelation policy, it's for a gym membership that I go to. Thank you.

Answer
Hi Chris

I believe the key issue is what you agreed to when you became a member. Was there some paperwork that you went over and signed before the membership was started?

I assume there probably was, and the reality is these contracts are written in the best interest of the gym, not you. In contract law, we call them adhesion contracts, which don't give you as the member much of an opportunity to negotiate the terms, if at all.

I would go over the agreement and see if there are any exceptions or penalties to canceling early. If so, make note of them and speak to a manager about your need to stop. He or she should realize that if the gym is not meeting your needs, as a business it is in their best interest to let you out. Otherwise, they are going to have an unhappy customer who is likely going to tell other potential customers about their rigid no cancelation policy...and that makes for bad business. Remind them (tactfully, of course) of this truth and ask them to help you.

The only other option I can think of is canceling the payment method they are using to charge you. However, be careful here because if you agreed to something, even if its unfair, you still are obligated to complete it. I would use this as a last resort and only if there are other factors which would warrant it.

Negotiation in these kinds of issues helps in a huge way - if the other side can see you are trying to help them as you help yourself, chances are it will work out.

Hope this is helpful,

Rhett

Negotiating Business Deals

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Rhett Kniep, CBB

Expertise

There is a philosophy behind all negotiations, and having the right perspective and approach is vital to successful deals. I can answer questions regarding business and personal negotiation, and advise on successful strategies.

Experience

I have been a business and real estate broker for over 12 years and a building contractor for over 20. I have done numerous trainings in commercial real estate and real estate investment and have managed multi million dollar funds for real estate investment clients. I have counseled both buyers and sellers in high dollar real estate and business deals.

Organizations
Ca Association of Business Brokers, Contractor's State License Board, Better Business Bureau.

Publications
The Contractor Investor, Phi Logos Publishing, 2011

Education/Credentials
Certified Business Broker, California Association of Business Brokers, AA Communications, student at Lincoln Law School of Sacramento, dozens of real estate investment and negotiation trainings.

Awards and Honors
Stormy Seibring College Scholarship, Rescue Mission Service award, Film School Certificate

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