Revoking Without RefundThe following letter is part of a public discussion initiated by Uriel's letter of Dec. 9, 2005 objecting to management abuses at his Toronto squash club (which is part of the Bally Total Fitness Holding Corp. empire). See index for list of letters in the discussion.
From: Jodi Wellman Hello, Uriel, in response to your question for me, I can confirm that our decision to allow you out of your obligatory contract will not include a refund. We received a written request of cancellation from you, and we are letting you out of a legal and binding agreement that technically requires you to pay for twelve consecutive months, like every other member. If you wanted to go into detail on this, I would refer you to the points on your agreement/contract with us, where you signed that you were responsible for these payments. Because I agreed that your request was mutually beneficial to both of us, I consider it partially our decision to 'let you go'; and in this instance, the relevant wording on the contract you signed states that "...We reserve the right to revoke or suspend your membership, without refund...". Uriel, I know that you respect detail, and that you can appreciate the need for detail in a membership agreement. I feel that we have been more than fair with you, and it might be a favorable time to remind you that by cancelling your December payment with us, we in essence allowed you to workout without charge for the month (as you pay for a month in arrears). I expect that this will conclude our email conversations at this point. Thank you for respecting our decisions, and I wish you the best of luck in finding a fitness facility that meets your needs. -Jodi
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