Termination of Sports Club Contract
Full Question:
I have signed a membership agreement with the Las Vegas Athletic Club sometime middle of 2008-for how long I don't know because they did not provide me a copy. I asked them to
terminate my membership because I could no longer pay the monthly fee of $22.00 because I lost my job. I wrote them a letter requesting this. They said 'I'm under contract' and they would not allow me to terminate my membership. I cannot afford to pay an attorney to do this for me. My question is, what kind of court case should I file, what kind of document to file with the Clerk of Court, and what jurisdictional court in Clark County Nevada to file it with?
03/17/2009 |
Category: Contracts |
State: Nevada |
#15665
Answer:
Inability to pay due to job loss doesn't excuse someone from their
obligations under a health club contract. Nevada statutes require that
the buyer be given a copy of the contract with a health club. After
signing, the buyer has 3 days to cancel. After the three day period, the
buyer has a right to cancel if he becomes permanently disabled and
provides a doctor's note. The contract can't contain an automatic
renewal clause.
The following are NV statutes:
NRS 598.948 Requirements for contract between buyer and dance studio or
health club.
Each contract between the buyer and the dance studio or health club must:
1. Be in writing, legible and have all spaces filled in before the buyer
signs it;
2. Be in the language in which the sales presentation was given;
3. Contain the addresses of the buyer and the studio or club;
4. Be given to the buyer when he signs it;
5. Disclose whether security has been obtained and deposited with the
Division pursuant to NRS 598.726;
6. Specify the term of membership of the buyer, which must not be
measured by the life of the buyer;
7. Clearly specify the right of the buyer to cancel the contract pursuant
to NRS 598.950;
8. Not contain a clause by which the contract is automatically renewed;
and
9. Specify the number of lessons and the cost of each lesson, if the
contract is for dance lessons.
NRS 598.954 Rights of buyer who becomes disabled during term of contract.
If a buyer becomes disabled during the term of a contract, and a
physician confirms in writing to the dance studio or health club that:
1. The buyer is not physically able to use the facilities of the studio
or club; and
2. The disability will continue for more than 3 months,
the buyer is entitled to suspend the contract for the duration of the
disability. After he recovers, he is entitled to an extension of the
contract for a period equal to the time of the disability. If he is
permanently disabled, he may cancel the contract and receive a refund pro
rata of the amount paid pursuant to it.
NRS 598.950 Cancellation of contract by buyer; notice required.
A buyer may cancel a contract for dance lessons, the use of facilities or
other services from a dance studio or health club within 3 business days
after he receives a copy of the contract by notifying the studio or club in
writing. The notice must be delivered in person or by mail postmarked by
midnight of the third business day. The studio or club shall return all
money paid by the buyer within 15 days after it receives the notice of
cancellation.