Canceling gym membership while in recovery I was trying to cancel my gym membership because I had a surprise surgery that put me out of physical activity for a few months, and I couldn't leave the house for one month, but they told me that no matter what I need to come in to cancel without exceptions. Can they say this? Now they're trying to charge me for the months that I was unable to attend for but still "had a membership" because I "never canceled". I regret not trying to email them after the phone call, I would have much preferred to have a record of this.
Conditions pertaining to cancellation of a contract are contained in the contract, that is there is no general "right to cancel a contract", apart from certain 3-day window rights in some jurisdictions. For example, Washington state has some specific cancellation laws, summarized here. If the contract does not allow for cancellation, then you can't cancel the contract. I assume that your contract does have a cancellation clause: then you could have to see what that clause actually states. As it turns out, Florida has a law (Fla Stat. 501.017) which regulates health studio (gym) contracts, requiring certain clauses above the signature box. One required clause per (1)(b)2 is that notice of intent to cancel by the buyer shall be given in writing to the health studio. However, If the health studio wishes to enforce the contract after receipt of the notice, it may request the department to determine the sufficiency of the notice. This means that if they want to enforce the contract after a cancellation, they may request "the department" (Department of Agriculture and Consumer Services) to rule whether the notice was according to the contract (as mandated by law). It will also contain under (1)(d) A provision for the cancellation of the contract if the buyer dies or becomes physically unable to avail himself or herself of a substantial portion of those services which he or she used from the commencement of the contract until the time of disability, with refund of funds paid or accepted in payment of the contract in an amount computed by dividing the contract price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the contract term. The contract may require a buyer or the buyer’s estate seeking relief under this paragraph to provide proof of disability or death. A physical disability sufficient to warrant cancellation of the contract by the buyer is established if the buyer furnishes to the health studio a certification of such disability by a physician licensed under chapter 458, chapter 459, chapter 460, or chapter 461 to the extent the diagnosis or treatment of the disability is within the physician’s scope of practice. A refund shall be issued within 30 days after receipt of the notice of cancellation made pursuant to this paragraph. It appears, then, that you simply need to give notice in the correct form (written, with a doctor's notice). In case the club does not have the required provisions in the contract, the contract violates state law and is unenforceable.
The community charges $300 annually for access to the community pool, to which I only actually used the first three years living here. It likely does not matter whether you used the pool or not. I was handed a case by a police officer today saying I have exactly 30 days upon receiving the letter to pay dues for the community pool for the past 8 years that I have not used it. I imagine the result of failure to pay the HOA fee is a lien on the property. I don't know whether foreclosure is an option but it might be. The communities HOA has made it incredibly difficult to contact to ask for a copy of the rules and regulations, since their automated phone system demands a pin of some sort to which it swiftly disconnects you if you do not have it. This is not likely to be a valid excuse for not paying the HOA dues. You almost certainly owe them regardless and you probably also owe any late charges or penalties associated with not paying on time. My question is, can they legally force me to pay this fee? Nobody can force you to pay. But if they present their case in court and win, the judge can force you to pay, have your assets seized, garnish your wages, or put you in jail if you refuse. That comes pretty close. Is there another way to obtain a copy of the community rules and regulations? Of course. Send certified letters requesting the CCRs to: The HOA office The government office where the deed is recorded If the CCRs are valid and binding something to that effect will be recorded on the deed. If so, the current valid and binding CCRs may be filed with the government or may only be available from the HOA. I am not a lawyer. If you have $2,400 to pay I suggest you pay it and stay current on all future payments. HOAs that actually notice missing fees are not to be trifled with. If you think they are making your life miserable now, you ain't seen nothing yet.
It is almost certainly legal for the sitter to keep the money. She was ready to provide the service, and it is not her fault she couldn't (and she may have turned down other opportunities because she had this one). I think your fiance's claim would be against the firm providing the security service (they are the ones that frustrated the contract). I foresee the following problems: What are her losses? She was prepared to pay $315 (which she has paid), and the dog has been looked after. Where is the loss? (She may be able to argue that it was worth $315 to her, not to have to owe her mother a favour. I don't know if that will fly.) The contract with the security firm almost certainly waives liability for this sort of thing. She would have to convince the court that the contract terms were unreasonable/unconscionable (or whatever the term is in the local jurisdiction). There are two obvious options here: a) see if there is legal cover on her household insurance (or her pet insurance); b) forget it (it's only $175 all told).
Off the top of my head, unless there's a provision that says otherwise, no, they cannot do that. Obviously, I can't tell you if there's a provision that says otherwise. Consult a lawyer for more specific advice.
I can't speak for Latvian law, but it's not unusual for someone to be expelled from or denied entry to a political party in the UK for supporting a rival party at the same time. As one example, Alasdair Campbell was expelled from the Labour Party after he admitted voting for a rival party in elections. From that link, Labour Party rules say that someone &quot;who joins and/or supports a political organisation other than an official Labour group or other unit of the Party&quot; will &quot;automatically be ineligible to be or remain a Party member&quot;. So it's not about voting, which is secret, but about supporting a rival party. Similarly, at least one member has been expelled from Labour for supporting the Scottish National Party on social media. Such decisions may have an element of the political (using it as a pretext to getting rid of someone you don't like). But there is no suggestion that such an action is illegal, if it is in the party rules. Political parties have a lot of discretion as to who is allowed to be a member, and who they expel. It's not like buying a gym membership where you are entitled to gym services or your money back; legally you sign an agreement to follow the rules when you join, and joining doesn't entitle you to much.
This is a legal question, a business question, and an ethical question more than it is a bike question. Obviously there are risks when anyone rides a bike. And some people might have invisible conditions that would place them at special risk when riding a bike. But, as a shop owner, if a special risk is immediately visible, you open yourself up to a charge of negligence if you fail to take that risk into account. This happened in Canada, and I'm not knowledgeable about Canadian law. It's also interesting that this happened at a Giant company store, not a mom-and-pop bike shop. The fact that the store is operated by Giant may have made the operator more liability-conscious, but it also means they were better prepared to deal with liability than a mom-and-pop store. If I were in the position of selling a bike to someone who exceeds its load rating, I might want them to sign a document acknowledging that fact, and indemnifying me for any damage or injury sustained as a result, but I wouldn't make them promise to lose weight. But I'm in the USA, not Canada, and jurisdiction matters.
If that person becomes incapacitated or is deemed unfit to make their own decisions, will I be required to be physically present (for example, to sign something) to make those decisions if called upon? While it is customary for someone making decisions as weighty as removal of life support, to come to the hospital or care facility in person and discuss the issues with treating physicians, it isn't required. When you are physically there it is easier for you to personally assess the patient's condition rather than just taking someone else's word for it, and you have more informal access to everything that is going on in terms of people coming in and out of the patient's room, providers you wouldn't have known to speak to initiating conversations with you (e.g. there is typically an ER nurse for each shift, several residents doing rounds checking on a patient, and often also an outside specialist doctor involved in the treatment team). It is also usually easy when you are physically in a hospital to locate someone knowledgable and familiar with the kinds of issues you are facing at the moment to provide spiritual and religious guidance if you feel this would help you make your decision, while your neighborhood clergy person may not have a good understanding of these issues since they don't come up as often for someone is doesn't frequently spend time around people being treated in hospitals or hospices. And, this kind of pastoral counseling requires not just religious knowledge but an understanding of the options that are being presented through the lens of what is religiously and morally important about the differences between the different options. When I was an attorney for a hospital handling these issues for the hospital, we would have been willing to work with an out of state medical power of attorney agent without their physical presence. But, the fact that this was deep in the Rocky Mountains far from other urban areas (i.e. Grand Junction, Colorado) may have influenced a willingness to be flexible since it would often take a lot of time and money for someone to arrive in person. Also, while the medical power of attorney gives a specific person authority to act, an advanced medical directive is simply a document that goes into a patient's medical record that advises treating providers of the patient's intent and doesn't actually need next of kin approval or a medical power of attorney agent's say so to implement, although better practice is to seek that consent first in case there are any reasons why that advanced medical directive might have been procured improperly from someone lacking capacity or subsequently revoked. There usually will be forms for a medical power of attorney agent to sign, not authorizing a particular medical procedure, but authorizing treatment in general and providing personal and financial information about the patient in connection with admitting that person. But, these days, hospitals are relatively comfortable with handling that paperwork via fax or scanned copies sent via email, and some of the more flexible hospitals will even accept photos of signed documents sent via text message.
As someone who acts for both landlords and tenants I would say that I have never seen exclusions for personal injury or death in a commercial lease. I would recommend that you have the whole lease reviewed by a solicitor dealing in commercial property, particularly as, as has been stated in another reply, exclusion of liability for personal injury or death is prohibited by UCTA. This would suggest there may be other provisions which, if not prohibited, are unreasonable and you should be aware of the commitments you are taking on prior to signing This pure speculation, but the fact that those clauses would not be in a standard lease precedent does make me wonder if the landlord has done a DIY job and produced a lease from the internet suitable for another jurisdiction.