The COVID-19 pandemic is fraying relations between fitness clubs, many of which are suffering financially, and some members who are enduring struggles of their own and are looking to get out of contracts, or at least suspend them.
Due to safety restrictions, Courtney Malboeuf can’t use most of the services typically offered with her membership at The Edge Fitness Club in Warwick.
Malboeuf, of West Warwick, had paid a $50 annual fee and $30-per-month dues before the pandemic in March, but the tanning beds, massages, children’s room, showers and lockers are closed due to the state’s protocols to prevent the spread of COVID-19.
She sought to cancel her membership after losing her job in July.
Malboeuf said the fitness center told her she either needed a doctor’s note or proof of moving more than 15 miles away from an Edge Fitness location, or she needed to give 30 days’ notice to the gym’s financial partner ABC Financial Services Inc.
But Malboeuf insisted she doesn’t have 30 days.
“I have 29 cents in my bank account,” said Malboeuf, who still hasn’t received unemployment insurance payments. Meanwhile, she has received numerous calls and emails from ABC. “If they want to try to fight me for money, that’s fine. But I don’t have any,” she said.
A spokesman for Edge Fitness, which has more than 40 locations nationally, did not respond to requests for comment.
Kristy dosReis, spokesperson for the R.I. Office of Attorney General, said the office received many consumer complaints when fitness centers initially were ordered closed in March, but the office hasn’t fielded any complaints since gyms were allowed to reopen in June.
According to the attorney general’s office, state law requires gyms to inform new members that they can cancel their contract and receive a refund for pre-payments if a gym “substantially changes” its operation.
But in situations such as Malboeuf’s, it could be a matter of the fine print, according to Susan Heyman, law professor at Roger Williams University School of Law. Every contract is worded differently, including the clauses that allow someone to get out of one, Heyman said.
The most common clause is called “force majeure,” also known as an “act of God” provision, which excuses performance due to an unforeseeable event outside of the control of those involved. These clauses typically have a list of “force majeure” events such as natural disasters, fires, flood and terrorism. A pandemic may not be listed.
“Some courts construe force majeure clauses more broadly, some courts more narrowly,” said Heyman. “It seems Rhode Island is narrower.”
Meanwhile, many gyms are still struggling. Recently, the parent of Boston Sports Clubs, which had a Providence location, filed for bankruptcy after it reported owing more than $23 million, mostly in unpaid rent.
Other gyms say they’re trying to work with members. VP Fitness LLC in Providence has “frozen” accounts of numerous customers, not billing them until they are ready to return. VP Fitness owner Joseph Depena said some accounts are being suspended into 2021, others indefinitely.
Malboeuf said she wasn’t given the choice to suspend her account by Edge Fitness.
“That’s a reasonable option. I would like to go back,” she said. “I just can’t right now.”
Alexa Gagosz is a PBN staff writer. Contact her at Gagosz@PBN.com.