What rights do you have when a gym has been overcharging you?

UPDATED: Dec 23, 2011

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What rights do you have when a gym has been overcharging you?

I signed up for a gym and the original terms and conditions on the contract stated that a family membership is capped at 2 children. We had a 3rd child and added her onto our membership. We never signed another contract when we added her. I just found out the gym has been overcharging us for 2 years and asked for a refund. They said no and told us that if our 3rd child wants to continue to use the gym we have to sign a new contract. They told us we should have had to sign a new contract when we added her and our original contract was not valid. What can we do?

Asked on December 23, 2011 under General Practice, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It is not clear from your question how you have been overcharged. If you added a third child and were charged the appropriate amount for that third child's membership, that is not being overcharged--you were charged for the number of members you had. It may be that the gym should not have allowed you to add the third child under the terms of your then-contract, but if the child were added at  your request and had a membership, then it is not overcharging to charge you the correct amount for an extra member.

If the above does not describe what happened, you should report your question with additional detail.

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