Can I sue a gym in small claims court? Posted on February 24, 2011
My husband joined a gym in 8/2010 ($30 a month charged to our credit card). On the contract it says: "If you become disabled or suffer from a medical condition that prohibits you from physical exercise this must be confirmed in writing by your physician". In November my husband was having medical problems and saw a doctor; he gave my husband a note on his prescription pad: "Has ongoing problems with hemorrhoids/bleeding and was advised against strenuous activity." My husband has attempted to cancel the gym contract in person first, then by fax with a cancellation letter and dr.'s note 3 different times with 2 different managers. They denied receiving 1st 2 faxes even after I got verbal confirmations from the manager. I borrowed this fax machine; I didn't have it set up to give me fax a confirmation so all I have is my phone records from Verizon showing I called both the business phone number and their fax number. Since have learned my lesson.
If I would have known how dishonest these people are I would have sent the letter certified mail. I filed a dispute with my credit card company and they have the letters and dr.'s note and phone logs showing I called/faxed the gym on 2 different days in November and December. The 2nd manager I spoke with had the letter in her hand on Feb. 9 (a 2nd letter I faxed to her) and she still wouldn't cancel saying we are lying about the health problem..we gave them the dr.'s note.. I guess my question is 2 fold; is this enough to cancel the contract? And what other evidence would I need to prove I've attempted to cancel? My credit card dispute dept. said just a phone log from my phone company showing I called/faxed the gym phone number was enough.
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