From: cooper@seismo.CSS.GOV (Dale Cooper)
Newsgroups: misc.consumers
Subject: Re: Bally's Health Club SUCKS Read this...
Date: 13 Nov 92 19:28:41 GMT
Organization: Center for Seismic Studies, Arlington, VA

In article <1992Nov13.180202.20173@hubcap.clemson.edu> hubcap@hubcap.clemson.edu (System Janitor) writes:
>>>You evidently have learned how to victimize yourself.
>>I have to agree with Ray.  You did yourself in on this one.
>
>The original poster may not have a legal let to stand on, but it still 
>seems to me as if he was slimed over by a slick scumbag. He told the Bally's
>guy his situation, and the Bally's guy looked him in the eye and lied, while
>thinking to himself ``Now if this sucker just believes me and doesn't read
>the reference pointed to by the addendum to the fine print...''.

Slimed over by a slick scumbag?  Possibly.  I suppose you've never tried to buy
a car?  Sure, you argue a price settle on it then the REAL fun begins.  Just 
when you're ready to cut the check, they write a contract that includes a 
bucket load of other minor charges such as the processing of tax and tags 
(which you the buyer has the option to secure yourself at fraction of what a 
dealer charges), destination charges, other processing fees...and what not.  
Just about each and every one is negotiable.

From what the original poster wrote, he was misinformed verbally by the 
salesperson, or better yet not thoroughly informed of the contents and 
restrictions of the contract.

As far as "He told the Bally's guy his situation, and the Bally's guy looked 
him in the eye and lied."  That's not how I read it.

original text inserted for clarification:

->I told him exactly what my situation was.  I said I was only going to be in
->town for the next two months, and I didn't want to be liable for a full
->year's membership.  ( $600.00 odd dollars ).  He said that was "no problem",
->because if I showed proof that I moved more than 30 miles from the
->Center, I wouldn't be held liable for any additional payments.  Now
->I realize that he just told me a lie.  Or he was displaying his lack of
->knowledge of the contract.  The trouble all started because I didn't
->read all the 'fine print'.  One of the "un-cirlcled" portions of the contract
->refered to a $50.00 cancellation fee.

From what the original poster wrote it is very hard for me to see where the
salesperson lied.  He quoted the the guy as saying "'no problem', because if
I showed proof that I moved more than 30 miles from the Center, I wouldn't be
held liable for any additional payments."  Where in this statement is a lie?
According to the remaining sections of the article, at no point did the poster
indicate that he had to pay the balance of the contract, just the $50 
cancellation fee (AND an add-on slapped on by the collection agency, but that 
is an entirely separate issue to be taken up with the agency).  Sure, the 
saleperson didn't mention the $50 cancellation fee but I can hardly call that 
lying.  While I am far from saying that the saleperson acted properly in 
informing the client of all obligations, I would not consider this lying to the
customer.  The original poster even backs up to question the salesperson's 
knowledge of the contract: "Or he was displaying his lack of knowledge of
the contract."

>It almost seems as if we have two choices these days:
>
>  * watch your back all the time, never trust anyone, and hopefully
>    never get screwed over.
>
>  * try to give the benefit of the doubt, try to treat and see others as
>    you'd want to be treated and seen, and eventually end up fleeced.
>
>Which one of the above situations is the win?
>
>-Mike

This is quite naive, IMNSHO.  Neither choice is a sure "win" nor does it shed
any light on the issue at hand.  The ONLY choice we have as consumers is to
become as educated as possible.  Never assume anything especially when contracts
are involved.  Take ten minutes to read it ALL.  This entire episode could have
been avoided had the original poster read the fine print.  He even admits it.
Sorry, but this poor fellow has no one to blame but himself.

Don't get the impression that I'm on the side of Bally's, I'm not.  My wife
was "screwed" by them not so long ago when she purchased a "life time" 
membership.  She had the same clause built into her contract.  She could end
the contract if she moved more than 30 miles away from a Bally's club.  Well,
we move 26 miles away, and guess what, we had to pay the remaining balance
to end the contract...$400 for nothing.  Needless to say, I was not happy
with the wife for entering into to such a deal.  Now she goes to Gold's gym
(an affiliate of Bally's I believe) but pays a smaller monthly.  She too
learned a hard lesson.
Newsgroups: misc.consumers