Personal Training Contract Dispute? Get Your Money Back for Unused Sessions.

DEMAND FOR REFUND - PERSONAL TRAINING CONTRACT [Your Name] [Your Address] [City, CA ZIP] [Phone] [Email] [Date] VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED [Gym/Training Company Name] [Company Address] [City, CA ZIP] Re: Demand for Refund - Personal Training Contract Member Name: [Your Name] Member ID: [Your Member Number] Contract Date: [Date You Signed PT Contract] Dear [Gym Manager/Owner Name]: I am writing to demand a refund for unused personal training sessions pursuant to California Civil Code Sections 1812.80-1812.98 and general contract law principles. PERSONAL TRAINING CONTRACT DETAILS: On [Date], I purchased a personal training package from your facility: Package Type: [e.g., "30-Session Personal Training Package"] Total Sessions Purchased: [Number] Total Amount Paid: $[Amount] Per-Session Value: $[Amount] Sessions Used: [Number] Sessions Remaining (Unused): [Number] Value of Unused Sessions: $[Amount] Assigned Trainer: [Trainer Name] REASON FOR CANCELLATION/REFUND REQUEST: [Select and customize the applicable reason:] [ ] 5-DAY CANCELLATION: I am exercising my right to cancel within 5 business days of signing pursuant to Civil Code 1812.85. I signed on [Date] and am canceling on [Date]. I am entitled to a full refund within 10 days. [ ] TRAINER DEPARTURE: My assigned personal trainer, [Trainer Name], is no longer available as of [Date]. [The gym has not offered a suitable replacement / The offered replacement does not meet my needs because: specify reasons]. I contracted for services from a specific trainer, and the gym's failure to provide those services constitutes a material breach. [ ] RELOCATION: I am relocating more than 25 miles from your facility to [New Address] as of [Date]. Pursuant to Civil Code 1812.89, I am entitled to cancel and receive a pro-rata refund for unused sessions. [ ] DISABILITY: Due to a medical condition, I am no longer able to use personal training services. My physician, [Doctor Name], has provided documentation. Pursuant to Civil Code 1812.89, I am entitled to a pro-rata refund. [ ] SESSION EXPIRATION: The gym claims my sessions "expired" on [Date]. However, this expiration is unreasonable and unenforceable because: [e.g., "trainer was unavailable for scheduling," "expiration period was not clearly disclosed," "I was not given reasonable opportunity to use sessions"]. [ ] OTHER BREACH: [Describe how the gym failed to provide services as promised] LEGAL BASIS: California Civil Code Section 1812.80-1812.98 regulates "health studio services contracts," which explicitly includes personal training and fitness instruction services. These statutes provide that: - Consumers have 5 business days to cancel and receive a full refund (CC 1812.85) - Consumers may cancel for relocation or disability and receive pro-rata refunds (CC 1812.89) - Contracts cannot exceed 3 years (CC 1812.82) - Specific disclosures must be provided (CC 1812.82-1812.84) Additionally, when a gym fails to provide contracted services (such as when an assigned trainer leaves), this constitutes a material breach entitling the consumer to damages under Civil Code 3300. DEMAND: I hereby demand payment of $[Total Refund Amount] within fifteen (15) days of the date of this letter, representing the value of my [Number] unused personal training sessions. If I do not receive this refund within 15 days, I will: 1. File a complaint with the California Department of Consumer Affairs 2. File a claim in Small Claims Court (for amounts up to $12,500) 3. Report your practices to the California Attorney General 4. Pursue all other available legal remedies Please send payment to the address above or contact me at [Phone/Email] to arrange refund. Sincerely, _______________________________ [Your Signature] [Your Printed Name] Enclosures: - Copy of personal training contract - Receipt/proof of payment - Session tracking records showing unused sessions - [Communications regarding trainer departure, if applicable] - [Physician documentation, if disability cancellation] - [Proof of relocation, if applicable] cc: California Department of Consumer Affairs [Corporate headquarters, if different from local gym]