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Premier Ladies Fitness Scammed - Misrepresentation of Contract Middletown, Ohio
While using my 30 day free pass, the salesman talked with me about becoming a member. I said that I wanted a month-to-month contract and the salesman indicated that was not a problem. I asked repeatedly that this was indeed a monthly contract and I could cancel at any time. He said yes (I have a witness to this negotiation). The monthly fee he said would be $33 a month plus a $49 membership fee. I agreed to this and the contract I signed only showed that $33 was the monthly fee.
I, however, did not receive a carbon copy of the contact immediately after I had signed it. The next day on Jan 18, 2011, I paid the $49 in cash and obtained a receipt for this first payment. In addition, I was handed an envelope where the salesman implied that my contract was in it, but the envelope only contained a schedule of exercise courses and my pass. 5 days later, I went to the gym to cancel the contract due to my financial situation. I spoke to the manager, she said that I was outside the 72 hour window to decline and therefore was unable to cancel the contract.
That is when I asked for a copy of the contract but she handed me a Xeroxed copy instead. That is when I realized that the salesman changed the monthly rate to $55 plus he locked me into a three year contract that is costing me over $2,000. He treated it as if I had signed him over a blank check. I did not agree to any of that. The manager is asking how did I not know that I signed a $2,000 contract. I told her that I did not and I only signed a contract that had just $33 written on it. That is when the manager disclosed that the gym does not offer monthly membership and only sells 18 months or longer contracts.
Now the gym will not work with me even after I have explained all the events that occurred. I was misled into the agreement by having the most important fact being with held, the gym does not offer monthly contracts. In addition, my contract was altered after my signature without my consent. After I signed the contract, the salesman changed the $33 to $55, and added a bunch of other numbers, like what I would pay when the three year contract was through and service charges. I have contacted the BBB and Ohio Attorney General. What else should I do?
1 Updates & Rebuttals
jetames
North Hollywood,California,
USA
SMALL CLAIMS COURT
#2Consumer Comment
Mon, January 24, 2011
Sounds as if you have a legitimate claim.
TAKE THEM TO SMALL CLAIMS COURT!