The closure of several Bally’s health clubs has spurred complaints from consumers who want their money back.
Washington’s Health Club Law does allow refunds in certain situations. 
Under the law, you can cancel your contract if your club closes and there’s no comparable facility within 10 miles. You’ll receive a pro-rated refund of your joining fee and are no longer responsible for monthly payments. But you need to cancel in writing. The club then has 30 days to refund your money.
If you signed a multiple-year contract, you can cancel for any reason with 30 days advance notice. Put your request in writing. You’re entitled to a pro-rated of refund your joining fee – unless your contract says the fee is nonrefundable.
But what happens if you signed a one-year contract and there’s another gym within 10 miles? The law doesn’t give you the right to cancel that contract – even if you don’t like the other facility or it’s not as convenient for you.
If you believe you are within your rights to cancel a health club membership and are experiencing difficulties, go to www.atg.wa.gov and click on "Consumer Complaint" to file a complaint.
Posted by Kristin Alexander All Consuming Blog Moderator at 10/02/2009 12:26:50 PM |
I was Bally's member of Fishers Landing in Vancouver WA, one year contract, monthly payment, 5 members' group, appx. $26 per person/month including tax. After the club closed, I wrote a letter to them using their form given from them before they closed. Then I was required cancellation fee by e-mail, $75 per person. I called to Bally's customer center and asked why I should pay the fee, but they only insisted that cancellation fee justice. I failed the negotiation and had to pay the cancellation fee. I'm very frastrating about their stance and wondering if this situation is legal or not.
Posted by: Koichi Kanaya ( Email ) at 10/2/2009 11:04 PM
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Koichi, As described in the post, you may have the right to cancel your contract if there is no comparable facility within 10 miles. If you believe the club didn't adhere with our Health Club Law, please file a complaint with our Consumer Resource Center. Thanks, Kristin
Posted by: Kristin Alexander, All Consuming Moderator ( Email ) at 10/5/2009 2:13 PM
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I just filed a complaint with the Washington AG's Office. I too am a Vancouver Bally's Refugee. We renewed three family contracts back in April of this year. Come August, the club is closed. I read that if you abide by the contract exactly in cancellation there will be no problem...WRONG! I sent the letter with all signatures of members, Etc. There is a 10 mile radius requirement and it must be a "comparable facility". Our's (Vancouver) was a Sport's Club...Very nice. The other ones on E. Portland and Gresham are NOT Sports Clubs. I got three forms back from these crooks in Sept. telling me that the acontes were closed and that I would be getting a refund (pro rata). Well the refund never came. Today I received a phone call from Shannon #6404. She tells me that our accounts were "improperly cancelled". That there is a 20 mile radius requirement. After me going off on her she goes to her Supv. and tells me it's actually 25 miles. I AM LOOKING AT MY CONTRACT AD IT SAYS 10 MILES! Shannon said that my contract is wrong. (So much for basic Contract Law 101.) She then starts talking about some "soft market" deal where this will go away if I send them $75.00 for wach account. I responded by telling her to never cell me again and send this information in writing. (Thank you Clark Howard.com). I also told her that I would be sending a complaint to the Wash. A.G. and that if there was anything negative in my credit report from them that I will sue in small claims. OK, now how do we start a Class Action? Anyattorneys reading this. I'm retired cop. Good at criminal law but suck at civil. [EDITED BY MODERATOR PER AGO BLOG COMMENT POLICY.]
Posted by: Michael M. Brinkley ( Email ) at 11/21/2009 1:48 PM
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So the next closest club to this one is 11.2 driving miles and is in Oregon, but 6.5 miles "as a crow flies" miles (if you drew a straight line between the 2 clubs). So, which do you use in regards to the law? I'm assuming the driving miles, but wanted to check. Thanks.
Posted by: Mike Vlachos ( Email ) at 10/17/2009 9:43 AM
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Bally's is doing this to a lot of the club members. I have contacted them several times to get them to cancel my membership according to the contract terms, however they continue to bill me. I even provided a copy of the letter that their Bally's staff at Fisher's Landing provided to us to assist us in cancelling. Since the contract doesn't specify how they define the distance, it doesn't seem reasonable that they hold us to a standard that is not defined in the contract. While it may be less than 10 miles by a straight measurement, that doesn't account for traffic and other inconvience with having to drive across the river to another facility. Bally's isn't going to do anything about this unless the State of Washington protects the consumers rights. I have heard that several Bally's members have filed complaints, but Bally's continues with their action of billing previous members.
Posted by: Cindy Orth ( Email ) at 11/2/2009 7:06 PM
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I just filed a complaint with the AG regarding a 3 year pre-paid contract that i signed in March 09. I have done everything I was instructed to do by Fisher's Landing Bally's. I just want to know if this is worth pursuing or not. I had heard that the Bally's corp. filed Chapter 11. If that's so, what does that mean?
Posted by: Shirley Bishop ( Email ) at 11/4/2009 7:35 PM
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Shirley -- Under Washington’s law, you may cancel your multiple-year contact and receive a refund. As explained in my post, you’re entitled to a pro-rated of refund your joining fee – unless your contract says the fee is nonrefundable. If an organization files Chapter 11, then it is attempting to reorganize its debt. (Chapter 7 means liquidation of assets.) Bankruptcy courts then determine which debts are paid and the order of priority. See www.atg.wa.gov/outofbiz.aspx for more information about filing a claim in bankruptcy court.
At this point, I would wait to see how Bailey’s responds to your complaint filed with our Consumer Resource Center.
Posted by: KRISTIN ALEXANDER, ALL CONSUMING MODERATOR ( Email | Visit ) at 11/6/2009 11:29 AM
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Mike, the statute doesn't specifically define "miles." And, indeed, I had the same question. The law does say "radius." If you rely on that, then it could be interpreted as a straight line extending outward from the center. However, I'm not a lawyer.
A club located in Oregon wouldn't fall under the jurisdiction of Washington's law -- so you would be deprived of any protections afforded by our statute. Of course, you would likely be covered by Oregon's laws.
Posted by: KRISTIN ALEXANDER, ALL CONSUMING MODERATOR ( Email ) at 10/21/2009 10:43 AM
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I have been dealing unsuccessfully with this issue as well. Bally's disregarded the cancellation letter I had sent (the one that their staff provided us when the club was closing), indicating that my cancellation does not meet the requirements of my contract (but failed to tell me why). I am in the process of pursuing further. Be aware, that the contract/law states "comparable facility" within 10 miles. While I had no idea the issue of radius vs driving mileage, one thing I do know is that the club in Fisher's Landing was a Sports Club, which is considered an elite brand of Bally's and typically charges higher rates. This being said, a "comparable facility" would be one of the same status/caliber. I was paying over $100/month at this particular club--there . Are they kidding that a club that I can walk into and pay $24.99/month is a "comparable facility"? Most certainly not. The facilities do not compare. No question. Best of luck to all of you that are fighting for your rights in this contract.
Posted by: Francine Morris ( Email ) at 11/11/2009 3:42 PM
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We are in a similar ridiculous situation. I had written a letter to Bally's to cancel and after some hassle was told by a guy in collections that the account was completely cancelled and we even got a small refund check. Then we got back from vacation to a letter threatening my credit standing if I didn't pay a past due balance of $83.00. When I called to straighten it out, the young man told me that the contract was never "considered cancelled" and that the contract stated if another Bally's were within 25 miles we were still obligated. And this was after we thought it was all behind us. Go figure!
Posted by: Don Ebel ( Email ) at 11/12/2009 5:35 PM
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