Full question:
I have signed a contract with Bally's Fitness Center and I accept my stupidity because I did not read and clear the provisions. In short, I thought the program will not be for three years. I wrote them a letter telling them that I cannot continue anymore because I have no time. I got a 2nd job to make both ends meet. But Bally's did not accept my reason. I stopped going to the gym and stopped paying my monthly because why will I pay if I am not using their facilities. Using the facilities is one of the reasons why I pay. But they do not want it and now they referred it to their lawyer. What am I supposed to do. My only fault is not complying with the contract not for the non-payment for the use of their facilities. What will I do?
- Category: Contracts
- Subcategory: Recission
- Date:
- State: California
Answer:
Courts have held that a party may rescind a contract for fraud, incapacity, duress, undue influence, material breach in performance of a promise, or mistake, among other grounds. In order to prove a fraud claim, it must be shown that the defendant had an intent to deceive. If deception was used to induce another to rely on a promise and such reliance caused harm, it is possible to recover damages. Fraud may be made by an omission or purposeful failure to state material facts, which nondisclosure makes other statements misleading.
To prove a material breach of contract that relieves a party of the obligation to perform their end of the bargain, it must be shown that the breach was significant enough to cause the transaction that was bargained for to no longer have value. It will be a matter of subjective determination for the court based on all the facts and circumstances involved, to determine if there has bed a material breach of the contract or fraud. If a breach or fraud is found, it is possible that the contract may be rescinded and/or damages may be recovered.
To view a detailed explanantion of a consumer's rights regarding a health club membership in California, please see the information at the following link:
http://www.dca.ca.gov/publications/memberships.shtmlThis content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
