I signed up for a gym membership and but the contract was mot fully disclosed to me at the time?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
I signed up for a gym membership and but the contract was mot fully disclosed to me at the time?
After I signed, they emailed me a complete copy. In the contract they sent me there was a second page that they did not show me when I signed the contract. The second page contained the cancellation terms. Am I still subject to these terms if I was lead to believe there was none in the contract?
Asked on December 17, 2012 under General Practice, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You may have grounds to rescind the contract for fraud, if they knowingly misrepresented the terms of the contract by not disclosing one page of it. You could also argue that you are not subject to any terms contained on the second page, since you did not consent or agree to them--you could not, if they were not before you. If the gym will not voluntarily accept that you are not bound by the agreement (or at least the terms on page 2), however, you could end up in litigation with them, so if it comes to that, you need to decide if it's potentially worth a lawsuit to escape those terms.
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 AttorneyPages.com 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.