Gym Contract Misrepresentation Demand Letters

[Date] Via Certified Mail and Email [Gym Owner/Corporate Office] [Gym Name] [Address] [City, State ZIP] Re: Demand for Rescission and Refund Based on Fraudulent Misrepresentation Member Account: [Your Account Number] Enrollment Date: [Date] Amount Due: $[Total Paid] Dear [Gym Owner/Manager]: I am writing to demand immediate rescission of my membership contract and full refund of all amounts paid based on fraudulent misrepresentations made by your sales staff at the time of enrollment. BACKGROUND On [Enrollment Date], I visited [Gym Name] at [Location] to inquire about membership. Your sales representative, [Salesperson Name], made the following representations to induce me to sign a membership agreement: MISREPRESENTATIONS MADE 1. [False Statement]: [Salesperson Name] told me that [describe false promise, e.g., "the monthly membership fee would be $19.99 per month with no additional fees"]. TRUTH: [Describe reality, e.g., "The actual cost is $29.99 per month plus a $49 annual fee that was never disclosed, and the $19.99 rate only lasted one month."] 2. [False Statement]: [Salesperson Name] represented that [describe false promise, e.g., "the facility has a swimming pool, sauna, and free group fitness classes"]. TRUTH: [Describe reality, e.g., "The location has no pool, the sauna has been 'under repair' for months, and classes require an additional $20/month fee."] 3. [False Statement]: [Salesperson Name] assured me that [describe false promise, e.g., "I could cancel at any time with no penalty by simply notifying the front desk"]. TRUTH: [Describe reality, e.g., "The contract requires a 12-month commitment with a $150 cancellation fee, and cancellation must be done by certified mail."] [Add additional misrepresentations as applicable] I relied on these false statements in deciding to sign the membership agreement. Had I known the truth, I would not have enrolled. LEGAL BASIS Your sales representative's false statements constitute: 1. Fraudulent Inducement: The false representations were material, known to be false (or made recklessly), intended to induce me to sign, and I reasonably relied on them to my detriment. 2. Violation of [State] Consumer Protection Act ([cite statute]): Your deceptive sales practices violate [State]'s prohibition on unfair and deceptive business practices. 3. Violation of [State] Health Club/Health Studio Act ([cite statute]): Your failure to accurately disclose membership terms violates state health club regulations. 4. False Advertising: Your marketing materials and sales representations misrepresent the services provided. DEMAND Based on the foregoing, I demand that you: 1. Immediately rescind and cancel my membership contract; 2. Refund all amounts I have paid, totaling $[Amount], including: - Enrollment fee: $[Amount] - Monthly dues: $[Amount] - [Other fees]: $[Amount] 3. Confirm that no further charges will be made to my account; 4. Remove any negative information reported to credit agencies related to this account. I require your written response within fourteen (14) days of this letter. If you fail to comply, I will: 1. File a complaint with the [State] Attorney General Consumer Protection Division; 2. File a complaint with the [State Department of Consumer Affairs / relevant agency]; 3. File a claim in [County] Small Claims Court seeking rescission, refund, and statutory damages available under [State] Consumer Protection Act; 4. Report this matter to the Better Business Bureau; 5. Pursue all other available legal remedies. I have preserved all evidence of the misrepresentations including [list evidence: emails, promotional materials, witness statements, photos, etc.]. I am prepared to resolve this matter without litigation if you act promptly and in good faith. Sincerely, [Your Name] [Your Address] [Your Email] [Your Phone] Enclosures: - Membership agreement dated [Date] - Payment records showing amounts paid - Promotional materials from enrollment - [Screenshots/photos of advertised vs. actual amenities] - [Witness statement from companion present at sales presentation]