Preliminary Statement
This memorandum of law is created in support of my brother and me who try to cancel the membership in Silver’s Gym due to some specific and legal reasons, but the administration of the club says that it is not the club policy. The main problem which is going to be focused on is the cancelation of the services provided by Silver’s Gym on the basis of credible reasons. Demanding for the cancelation of the membership, we are going to base on McKinney’s Consolidated Laws of New York Annotated (McKinney, West Group and New York).
Issue Presented
My brother and I have signed up contracts for using unlimited club facilities for three years and have paid $20.00 per month in advance. But, in three months I find out that I suffer from a physical disability which prevents me from attending the club. The diagnosis is documented by the doctor. My brother has to move to Arizona because of employment reasons. There are no Silver’s Gyms in Arizona State.
Whether or Not
Whether my brother and I can demand the cancelation of the contract without any penalty after three days of the terms stated by Silver’s Gym have passed on the basis of the law because of credible reasons or not?
Argument
Yes, we can. My brother and I can demand the cancelation of the membership without any penalty as the reasons we provide are stated in the law. We also can offer some evidence which proves our reasons.
I am going to base my cancelation on article 30: health club services. The main rule which exists in the health clubs industry is that the cancelation may be provided within three days freely, “you may cancel this contract without any penalty or further obligation within three (3) days from this date” (General Business Law: Article 30 par. 2).
After three days have passed, a membership may be canceled only on the basis of specific documents and reasons. The 30th article of McKinney’s Consolidated Laws of New York Annotated, General Business Law states that I can cancel my membership because I have physical disabilities which make it impossible for me to attend the club for six months (I can provide the document which confirms this). It says, “The buyer may also cancel after three days if the buyer becomes significantly physically disabled for a period in excess of six months” (General Business Law: Article 30 par. 3).
Turning to the problem my brother has and relying on McKinney’s Consolidated Laws of New York Annotated, it may be concluded that he also can cancel his membership without any penalty. The law states, “The buyer may also cancel after three days if the buyer… moves his residence to a location more than twenty-five miles from a health club operated by the seller” (General Business Law: Article 30 par. 3). Thus, moving to the state where there are no Silver Gyms at all, my brother can state to the club administration firmly that he can easily cancel his membership.
Conclusion
Thus, for the aforesaid reasons my brother and I can cancel the membership in the Silver’s Gym on the basis of the McKie’s Consolidated Laws of New York Annotated having provided the administration with the confirmation evidence of the reasons we provide.
References
McKinney, William Mark, West Group and New York. McKinney’s Consolidated Laws of New York Annotated: With Annotations from State and Federal Courts and State Agencies. New York: BiblioBazaar, 2010. Print.
“General Business Law: Article 30. Health Club Services, Section 624.” New York Consolidated Laws Service. Matthew Bender, Inc., 2009. Print.