How can I get out of a gym contract?

UPDATED: Nov 20, 2011

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How can I get out of a gym contract?

I am in a contract with a gym, which is handled through a financial company. I haven’t been there in 6 months. Since then I have been in a car accident in which I totaled my vehicle. I have no transportation to the gym and injured both of my shoulders. They would not let me cancel my contract and they are charging my account every month. The only way they said I can cancel is if I move or a medical reason. I currently have no insurance. Is there anything I can do? Loopholes? I really despise this company.

Asked on November 20, 2011 under General Practice, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A contract can only be terminated early or cancelled if--

1) the contract itself  provides some grounds or basis for cancellation--and you comply with those terms and conditions;

2) the other party to the contract has itself violated the contract in some material (critical or important) way;

3) some other event or action beyond the parties' control has made it impossible to perform the contract--this is typically something like that the gym was wiped out by a hurricane; that the gym was taken by imminent domain or re-zoned so it can't function; etc. Your own injury would not qualify under this basis, since your injury does not impair your performance of your obligations--i.e. paying.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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