contract-law germany
Gym Membership Extraordinary Termination when Flaws were already present before signing?
<p>I'm going to a local gym in my town for about half a year. At the time I signed the contract I didn't have a car and bus or train is terrible where I live, so I had no other gym to choose from. The contract states terms of 1 year with a 1 month notice period to terminate it.</p>

<p>Now, after these 6 months of training there and educating myself over a lot of weightlifting topics, I started to notice a lot of flaws in the gym. For example, I'd love to do Squats or Military Presses. Unfortunatly the gym doesn't have such a rack to take the barbell out and picking a heavy loaded barbell off the ground is pretty hard (even impossible when trying to lay the bar across my neck to squat with it). Also there are some machines I'd like to use, which are also missing.</p>

<p>I read about extraordinary termination when the gym removes a machine (or other equipment) or does fail to replace broken ones, so I came to this question:</p>

<p>Am I able to extraordinary terminate this contract due to missing equipment, although I technically should have know that it was missing before I signed?</p>

<blockquote>
  <p>Am I able to extraordinary terminate this contract due to missing
  equipment, although I technically should have know that it was missing
  before I signed?</p>
</blockquote>

<p>No (I'll assume that your jurisdiction is somewhere in the U.S., although many other countries apply <em>contract law</em> similarly).</p>

<p>First, your statement that <em>technically</em> you <em>should have known</em> about the flaws [before signing] reflects that the contract does not misrepresent what equipment the gym has.</p>

<p>Second, using the gym for six months evidences your satisfaction with the contractual relation. The parties' conduct reinforces the validity of a contract, whence a party's subsequent change of mind does not entitle him or her to breach that contract.</p>

<p>You might be entitled to terminate the contract prematurely if (1) the flaws pose a realistic risk of injury, and (2) the gym disregards any [reasonable] safety concerns you report to the gym. In this regard, [gym's] <em>gross negligence</em> might suffice insofar as it touches on the covenant of <em>fair dealing</em> that is presumed in contract law.</p>

<p>You may want to discuss with the gym your concern about the barbell/rack issue. However, it would fall short of <em>entitlement-to-breach</em> if you readily know --or should have known-- that maneuvering with the barbell(s) off the ground is hazardous given the progress you have attained so far.</p>
