QUESTION

My niece, a college student, signed a contract with a health club in Dothan, Alabama. She has 8 months left on the contract under which she pays $40 a month to use the facilities at the club. She was recently hurt in a car accident and had to move back to her parents house in North Carolina as she can not take care of herself while recovering from the accident. The health club insists she has to pay the remaining 8 months even though she is not living in the same state. Is there anything she can do to get out of this contract?

Asked on Mar 09th, 1999 on Contracts - Tennessee
More details to this question:
My niece, a college student, signed a contract with a health club in Dothan, Alabama. She has 8 months left on the contract under which she pays $40 a month to use the facilities at the club. She was recently hurt in a car accident and had to move back to her parents house in North Carolina as she can not take care of herself while recovering from the accident. The health club insists she has to pay the remaining 8 months even though she is not living in the same state. Is there anything she can do to get out of this contract?
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1 ANSWER

Tell your niece to read the contract and look for language on how to terminate the contractual relationship.  Many contracts will contain language concerning how to terminate the agreement such as an early termination fee, or a liquidated damages clause.  Absent contractual language on how to terminate the contract, you should have your niece contact an attorney in Alabama to determine what options she possesses.   This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.
Answered on Jul 11th, 2012 at 11:42 AM

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