QUESTION
Gym membership contract error in my favor. Do I have to agree to new contract?
Asked on Aug 28th, 2013 on Breach of Contract - Illinois
More details to this question:
I went into my local gym to sign up. I asked them if they have any insurance discounts since I'd never had a membership before. She said yes, told me the rates, took a copy of my insurance card, and drew up the contract. I signed a 12-month contract showing a monthly rate of $30 and also paid a $30 fee up front. A day later I got a call from a different girl saying I'm not eligible for that rate. she said my gym key wont work until the error is corrected. They want me to come in and re-sign a new contract with a higher rate ($43), and pay a higher up-front cost ($89). She also said that tanning is NOT free, as was told to me at the time of signing. I have a signed contract already. What are my rights?
1 ANSWER
The question is whether this is a unilateral mistake or a joint mistake. If you both knew that there was a mistake in the contract, and you both intended the contract to provide for other terms, your contract can be voided or reformed to express the actual agreed terms. From what you've written, howeve, it seems to have been a unilateral mistake, that is you agreed to the terms on the form you signed, with no way of knowing that the gym had made any mistake. It thus appears that the contract is valid, and you are entitled to enforce it. There is no reason why you should agree to pay higher rates or accept less services than are provided for in the written agreement. However, in practical terms, it may well not be worth it to enforce the contract if the gym doesn't abide by it. You would have to go to Court (which would be a hassle) and how valuable would it be to have a membership to a gym which is hostile to you? You might be better off negotiating a compromise or just getting your $30 back and going somewhere else.
Answered on Aug 28th, 2013 at 12:26 PM