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Asked in Denver, CO Mar. 22, 2020 ,  5 answers Visitors: 128
Can a business still charge a monthly membership fee without providing services?

5 Answers

Anonymous
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Posted on / Mar. 24, 2020 16:43:41

Technically yes, the massage company can still charge you a monthly membership fee without providing services. In contract law, however, when one party does not perform in accordance with the contract, there is a breach of that contract. In your situation, the massage company agreed to provide you a service which, due to the pandemic, they can no longer perform. As such, the massage company can still charge you a fee pursuan to the contract, but charging you payment while not providing a service is a breach of the contract.

However, as pointed out in a previous answer, it would be wise to ask for a copy of the contract and to look for a "force majeure" exception (an "act of God" provision). Many contracts contain these clauses to protect themselves from situations outside of their control.

Also, a contract can be amended by an agreement between both parties as well. The massage company may be willing to negotiate an amendment to the contract during this hectic time. If you have any further concerns regarding contracts and interpreting them, I highly recommend consulting with a business attorney.

Anonymous
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Posted on / Mar. 23, 2020 19:19:28

I agree that under contract law, they cannot continue to charge you when they are not providing services, however this public health situation could fall under a force majeure exception due to government action beyond their control. I would expect that if you don't pay for the time they are closed, they could cancel your contract. If you wanted to keep the membership after things recover, you would likely have to join again at the then-current rates and terms of membership.

Best to contact the business and ask for a copy of your contract, to verify whether there is a provision covering this type of situation. At the same time, if you want to keep your contract, ask them to not charge you for this time without cancelling you. Many businesses have insurance to cover interruptions in business operations, but such insurance policies do not always cover interruptions due to pandemics or the like..

Anonymous
Reply

Posted on / Mar. 23, 2020 16:42:30

As a practical matter, you may be able to delete payment methods through any online portal the business offers. In the alternative, notify your credit card company/bank and request the recurring charges be automatically declined so you are not losing money while this dispute is ongoing.

Anonymous
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Posted on / Mar. 23, 2020 14:25:41

No, it would not be appropriate for the business to charge a cancellation fee. Impossibility of performance is a good defense to a claim that the massage business has violated the contract by not providing massages, but the business cannot simultaneously fail to perform their end of the contract and try to hold the clients to their payment obligations.

Anonymous
Reply

Posted on / Mar. 22, 2020 23:22:19

A very good question. Does this relate to Massage Envy?

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