30 Day Gym Membership

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30 Day Gym Membership

My personal trainer and I have a month to
month membership contract to her Gym. One
of the provisions on the contact is 30 days
notice to cancel the gym membership. I notified
her via text message on Monday, April 30th
that I am relocating to Nevada and I would like
to cancel the membership. I am billed every
month on the 15th. She has informed me that
she will be billing me on May 15th and June
15th saying that I have not given her 30 days
notice for the June billing when in fact I gave
her 45 days notice. Is what shes doing legal? If
not how can I make sure that she does not bill
me?

Asked on May 2, 2018 under Business Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Unless the contract says otherwise (since contracts can set, by the parties' mutual agreement, different periods of time then are usually the case), a month-to-month membership commences on the 1st of a month. That is the genera rule for all month-to-month agreements (e.g. including rentals). When the gym chooses to bill or when you have been paying does not by itself affect that. So unless the contract specifically set a different period of time, April 30th notice would be a month's (30 days) notice for end of the next month (e.g. May 31st) and you would not owe for the month after that (June). What you describe is illegal: you would not owe her money for June, only for May.


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