jackson212

where does Bally's Fitness account fall in?

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open account? written account? oral contract?

if i had a bally's fitness membership, and defaulted, how should they be suing?

(i have not been sued, im just trying to determine what type of an account that would be.)

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I'm pretty sure gym memberships fall under written contracts because the total amount due is known in advance; however, don't quote me on that as I'm not a lawyer and don't even live in NY. ;)

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An oral contract is applied more between friends, family and even between an individual and a sole proprietor. Although, at times, it may be argued an oral contract altered the terms and conditions of a written contract, unless it is added in writing as an addendum it is virtually non-binding. So I do not think this would apply to a Ballys membership.

An open account is used in an extension of credit. So this wouldn't apply either.

Leaving the written contract. Since Ballys is a corporation operating in many states they are guided by the UCC. They are held to accountability through the public's trust. To maintain consistency they must uniformily use a written contract. Although that contract maybe an open contract.

Just my opnion.

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