About 1.5 months ago I signed up for Personal Training sessions and about 3 weeks ago my doctor said she no longer wanted me participating in Personal Training sessions for health reasons. She gave me a doctors note and i have submitted it to the company with all other requested documentation. I was charged $100 for medical cancellation and they are telling me I am not eligible for a refund for my paid unused training sessions. I have read my contract over and over and believe i am entitled to a refund of my 6 unused sessions and have my questions about the $100 cancellation fee. I also have had my brother (a law school graduate) read my contract and he agrees and also questions the cancellation fee but he is unfamiliar with MA laws/regulations as he has only worked in AZ. Just looking for another opinion before I go and pay a lawyer to fight this. The wording on my contract is as follows(in compliance with MA statute M.G.L. c. 93, §82).
You or your estate may also cancel this contract for any of the following reasons:
if upon a doctor’s order, you cannot physically or medically receive the services because of significant physical or medical disability for a period in excess of three months;
in case of your death;
If the health club services to be provided under this contract are not available because the seller fails to open a planned health club or location, permanently discontinues operation of a health club or location, or substantially changes the operation of a health club or location.
If you move either your residence or your place of employment more than twenty-five miles from any health club operated by the seller or a substantially similar health club which will accept the seller’s obligation under the contract.”
All monies paid by the buyer pursuant to a contract for health club services which has been cancelled for one of the reasons contained in this section shall be refunded to the buyer or his estate within fifteen days of the seller’s receipt of such notice of cancellation; provided, however, that the seller may retain the portion of the total contract price representing the amount of time that the services or facilities were used by the buyer prior to cancellation; and provided, further, that the seller may demand the reasonable cost of goods and services which the buyer has consumed or wishes to retain after cancellation of the contract. In no instance shall the seller demand more than the full contract price from the buyer. If the buyer has executed any credit or loan agreement to pay for all or part of the price of the contract for health club services, any such negotiable instrument executed by the buyer shall also be returned and terminated within fifteen days. The buyer shall no longer be liable for any obligation under such credit or loan agreement.
Demand letter
That is odd. They charge you a cancellation fee AND they keep your money? If you don't want to hire an attorney for this, then your best bet is a 93A demand letter. One of the great things about the demand letter is it forces the business to explain their position or risk facing triple damages.