I called today to try to cancel my membership with Bally, which I had thought was month-to-month because that's what the salesperson I signed up with said. It turns out it was a 36 month contract. So it was completely misrepresented to me at signing.
I was told when I signed up that if I moved I would be able to cancel withouth the fee associated with cancellation. Now they are saying that I can't cancel at all, and that there are 2 years left on my contract.
I then dug up my contract, and found the part about relocation which says this, verbatim for section 2 (Cancellation rights) clause c. (Relocation):
"You may cancel the membership of any member who permanently relocates his or her residence more than 25 driving miles from either the club of enrollment or any other club which Member is entitled to use under the membership plan chosen or any substantially similar club which will honor the membership at no additional charge."
I have met the first of the 2 "either" / "or" conditions described here. I am moving 25 miles from the club of enrollment. I told the customer service representative that "either" "or" means one or the other. She told me she wasn't going to get into a debate about what the meaning of the word "or" was.
I am sending my letter of intent to cancel, with my documentation, and cancellation check. If they cash the check I will file a criminal complaint and continue to try to charge me I will file a criminal complaint, if they don't cash the check, try to refuse my cancellation and they still try to charge me I will have no choice but to continue to go their facility with a new "BALLY WILL RIP YOU OFF" themed workout wardrobe I will be putting together.
I will also find myself compulsively talking to any and all potential members I see ther and anywhere else I go about how it's such a bad idea to use them, and they better not believe anything a sales person says about their membership. Also, all the month-to-month members in the gym are fair game for talking to as well. They can't charge me money for access to a facility and then deny me access to it.
Basically, I will exercise my free speech rights to destroy many more potential revenue streams, than the one they are illegally holding me to provide for them, without engaging in any disorderly or otherwise illegal conduct.
My feeling is that at some point, they will realize I'm costing them more money than I'm making them, and they'll voluntarily terminate my contract.
I would encourage all of you trapped in a contract against your will, that you were led into with bait-and-switch talk, to do the same. I will happily sign up for any class action lawsuit against them that may come along.
I am interested to talking to
0 comments