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Complaints > Fitness Centers > Bally Fitness Center

Cannot cancel a contract signed by a minor

By Jess Balansky, 12 Jun 2007 | Country: United States
My 17 year-old daughter and her friends went to Bally Fitness Center. They had trial pass with them, but the employee talked them into signing a contract. When she said that she is only 17 and will be 18 in a few months, the employee changed her date of birth in the contract and said is not a problem.

When I discovered they signed the papers, I contacted the corporate office and requested that her membership with Bally Fitness Center be canceled because it was signed by a minor without parent's approval.

They responded that the contract will be canceled as soon as they have a copy of her birth certificate. I promptly sent the documents via registered mail. At the time we already started getting non-payment notices from Bally Fitness Center.

The calls from collection agency stopped for a few months but resumed again a month ago. We assumed that the contract has been canceled but apparently it was not.

I am not sure what to do as I already contacted our local attorney general, the corporate office, and FTC. They use deceptive practices to get people into signing a contract and I only hope that other people who read this will be aware of the way they conduct business.
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Comments

Rating: 0 arpit patel - 13 Oct 2007
when i signed contract, nobody explained me about 3 years contracti am a international student and i am not able to pay the due. there is no way to cancel contact and i want to complain regarding this matter.
 Reply  
Rating: 0 tj - 8 Nov 2007
Regarding your minor child signing a contract that they altered, contact your local DA.  Clearly they knew your child was a minor at the time they encouraged her to sign.  They encouraged her to sign knowing she was a minor but expecting that YOU would pay up.  A health club membership is NOT essential to the health or wellfare of a minor.


Health clubs have been known for running scams involving failing to cancel contracts for years.

For example, here is testimony from an Equifax attorney to the effect that they had to stop accepting information reporting from that whole industry due to the high level of consumer disputes:

http://www.myfaircredit.com/forum/viewtopic.php?t=8417
"7
...
11 RICHARD GOERSS
12 having been first duly sworn, testified as follows:
..
4 Q What is your current job position?
5 A I'm chief privacy officer and regulatory
6 counsel.
...
10 BY MR. BENNETT:
11 Q And in fact, if -- the reverse would also
12 be true then, so that if the information that your
13 customers were providing you was less accurate, you
14 would expect to see more consumer reinvestigation
15 requests or disputes?
16 A That's correct. And there are -- have
17 been over the years data furnishers where we've
18 discontinued accepting their information because it
19 generates a number of consumer disputes.
20 Q Really?
21 A Yes.
22 Q All right. Do you know the names of any?

61
1 A I don't know the specific ones, but there
2 was a situation with what were called the Future
3 Services Organization such as the health clubs and
4 those kind of -- where a consumer would sign a
5 long-term contract, discontinue the use of the
6 services, cancel their membership but the paper had
7 been sold to a financing and the finance company
8 wanted to report the information, and it developed a
9 lot of disputes and we determined we would not accept
10 that information.
11 Q You're referring to the Bally's Health
12 Club?
13 A That could have been one specifically, but
14 that we didn't accept them from the whole industry.
..."
 Reply  
Rating: 0 tj - 8 Nov 2007
arpit,

Take a close look at your contract and look for the terms that describe how to terminate it in case you move.  In particular, look for how far an alternative health club must be from your new residence to fully terminate it, and what procedure must be followed to legally terminate it in that case.  You  may have to move out of range of any of their health clubs, and notify them of that fact with proof by registered mail, getting a return receipt as proof of your notification so you can refute their usual claims that they didn't get any notice, or that you didn't send the required proof.

Do NOT depend on assurances that, say, you can just drop off some form, and they will take care of it, as these sorts of companies often just sit on your "membership", wait it out even as you don't use it, and then the associated "finance company" shows up after 3 years to demand full payment for what you didn't use.

Contact your state attorney general, or department of consumer affairs.  A number of states have legal requirements that they must meet.


You may be able to end your contract if THEY change the terms, allowing YOU to terminate rather than accepting their changes.  For example, if this facility were to close down, and there was no close substitute facility, as above, that might be a reason to terminate it.  Or if they unilaterally increased some fee.  That is probably covered in your contract.  

The other way to end their contract is to find a reason why THEY have breached it, and would be willing to end it to settle with you.  Say they have a pool, and they either closed it down for an extended period, or failed to maintain it in an acceptable state of operation.  Or if, say, they failed to maintain the facilities in accordance with appropriate health codes, equipment were maintained in a dangerous condition, they were cited for failing to meet fire safety regulations, their staff treated you in an inappropriate, abusive, discriminatory or sexually harassing manner, etc. you might sue THEM.  You might want to see a consumer protection attorney to discuss your problem.
 Reply  
Rating: 0 sunshine1216 - 6 Jan 2008
Is it true after signing a Ballys contract you have 3 days to cancel. I was told by a employee of Bally's.
 Reply  
Rating: 0 tj - 6 Jan 2008
Better read your contract rather than depend on what their employees say.  Some state laws provide for a cancellation period, but it depends on the state.  

The key thing to make sure of is usually that you cancel by sending written notice of cancellation to some address designated in the contract, and that you send it certified so you have proof of the date mailed.  

There are many reports of health club memberships cancelled either by delivery of notice to some employee who says they will take care of it, or by mailing by ordinary mail, and months later they are still taking money out of your account, or threatening to damage your credit thru a collection agency, claiming they never received any cancellation notice.  

In general, health club membership contracts that are anything other than pay as you go, and cancellable at any time, are a widespread scam.  At time of sale, they promise whatever it takes to close, but consumer reports of problems even when cancelled in accordance with the contract are widespread.  

They usually set up their contracts as a 1 to 3 year contract, "financed" by some other company (actually with common ownership to the healthclub franchise) so your monthly payments aren't payments for monthly use, but instead are payments on a "loan".  You cancel, even in accordance with contract, and after the contract would have ended, the finance company sells the allegedly unpaid "loan" to some debt collector, saying it was your problem you failed to cancel properly.  New year's resolution time is a big opportunity to sign up suckers.

Your wallet would be safer if you joined the "Y".
 Reply  
Rating: 0 tj - 6 Jan 2008
Rating: 0 an truong - 19 Feb 2008
The Bally Total Fitness is not a good service I have ever had since I came to the US. This company is suck and all of their employees seem to try to fool anyone who come there so people should be aware of the Bally Total Fitnes when you sign any paper.
Dont ever do the business with Bally Fitness .
 Reply  
Rating: +1 christine Gallagher - 27 Feb 2008
TO ANYONE TRYING TO CANCEL A BALLY'S MEMBERSHIP, THIS MAY WORK FOR YOU.  I HAD A MEMBERSHIP AND ANOTHER MEMBER TOLD STAFF THAT A FAMILY MEMBER WAS USING MY MEMBERSHIP. THIS WAS NOT TRUE BUT SURE ENOUGH MY MEMBERSHIP WAS CANCELLED. SO IF YOU WANT TO CANCEL YOUR MEMBERSHIP CALL AND TELL THEM THAT A FAMILY IS USING YOUR CARD. THEY WILL CANCEL YOUR MEMBERSHIP WITHOUT ANY QUESTIONS OR INFORMING YOU. GOOD LUCK!!!!!!!!!!!!!
 Reply  
Rating: 0 kmim - 3 Jul 2008
i'm going to use this method but i REALLLY need your help first! i just want to make sure that it works out..
1) my boyfriend really used my card but he lost it. Should I get a new card?

2) do i have to call or my boyfriend?

3) who do i call?

4) what exactly do i tell them??
PLEASE HELP!!!!!
 Reply  
Rating: 0 lauren - 9 Jul 2008
Are you sure this worked?  Have you verified your credit report?  I have heard that Bally will cancel your membership but you're still liable for the 'loan' (aka membership fees) you took from them.
 Reply  
Rating: 0 frank bany - 7 Mar 2008
i dont get why would they cancel it?
 Reply  
Rating: 0 me - 8 Mar 2008
because the card is being used by a non member. that's why they would cancel it.
 Reply  
Rating: 0 Sandra Meekins - 10 Mar 2008
Trying to get a location (telephone number) to cancel an account I cancelled back in 1995.
I had this membership for my daughter that has been living in Tennessee for over 8 years.
They have continued to withdraw from my checking account.
I have tried to find the location to call via the internet but cannot.
Please advise of who I must contact.
 Reply  
Rating: 0 Helpful - 21 Jul 2008
Here is a number you can call: 866-402-2559, good luck though all of them are working together on the cancellation thing so just keep filing complaints until one day someone files a class action lawsuit against them.
 Reply  
Rating: 0 B - 23 Apr 2008
I was even told by an employee of Ballys that they do alot of foul things to sign up people or not let them out of your contract even after cancelling, I dont understand why they can getaway with it and its sad because you cant seem to complain to the corporate office, but I say if anyone knows whatelse to do please post
 Reply  
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