If the terms of a gym membership contract are arbitrarily changed by the gym, does that void the contract?
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If the terms of a gym membership contract are arbitrarily changed by the gym, does that void the contract?
As a member of a gym, they have changed their policy – aerobics classes were included in membership when the contract was signed and just a few short months later they decided to charge money for classes, in addition to the specified membership fee in my contract. I signed up specifically because they offered free classes and now they have taken that away. Can I legally get out of the contract? I have requested cancelling my membership but they didn’t want to let me out of the agreement.
Asked on August 10, 2011 Massachusetts
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
In order to have a valid contract, there has to be a meeting of the minds which means agreement by the parties to the essential terms of the contract. If the contract is subsequently amended, both parties to the contract would have to agree on the amendment. The gym cannot arbitrarily and unilaterally make material changes in the contract. You should be able to cancel the contract since you did not agree to the new terms. If the gym refuses to allow you to cancel the contract, tell them you will sue them for breach of contract. Most likely after you tell them that, they will allow you to cancel your membership.
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