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I, unfortunately, signed up for a 6 month personal training contract. I was super excited about it but the only trainer at the gym went to another location. I am only interested in working out at this particular gym and was told before I signed that he would be my trainer since he is the only one there. I would have never signed the contract otherwise. The trainer was transferred after I signed my contract and now I am getting the runaround.

The gym account is in my husbands name and I am added on as a family member. The personal training contract has only my husbands name listed. I initialed and signed my name on the contract, my husband was not present. Is the contract valid?

Autumn
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1 Answers1

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Is the contract valid?

The contract is valid and enforceable unless your husband disputes it.

The difficult part in your situation is whether you (or your husband) have the ability to prove that the gym's representations about its trainer are what induced you to enter the contract. This detail might or might not be ascertainable from the contract.

If that detail is not addressed in the contract, inducement could be proved by pointing to the relevant communications you had with the gym prior to signing the contract and/or any record reflecting the gym's representation(s) that he would be your trainer "since he is the only one there".

Many contracts contain language to the effect of superseding "any prior or contemporaneous agreements between the parties". If that is the case with yours, arguing and proving inducement might be insufficient for you to prevail at law.

Iñaki Viggers
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