How can I terminate a contract prematurely?
February 23, 2024 | 40,00 EUR | answered by Mia Schulz
Dear lawyer,
I am writing to you today to discuss my intention to terminate a contract prematurely. My name is Benjamin Buchner and some time ago I signed a contract with a fitness studio. Due to a sudden change in my professional circumstances and my resulting relocation plans, I am no longer able to continue using the fitness studio.
The contract I have with the fitness studio still has another 12 months to run and includes a minimum contract term. However, for personal reasons, I am no longer able to visit the studio and would like to terminate the contract early. I am concerned that there may be contractual consequences if I simply terminate the contract without following the correct procedures. Therefore, I am seeking possible solutions to terminate the contract legally.
Could you please explain to me what options I have to terminate the contract prematurely? Are there any legal regulations that can assist me in my situation? What steps do I need to take to ensure that the termination is legally valid? I would greatly appreciate your support and expertise in this matter.
Thank you in advance for your help.
Yours sincerely,
Benjamin Buchner
Dear Mr. Buchner,
Thank you for your inquiry regarding the early termination of your contract with the gym due to your professional changes and relocation plans. I understand that this is an important matter for you and I will do my best to assist you with this issue.
First and foremost, it is important to mention that contracts should generally be upheld to avoid legal consequences. However, there are also certain legal regulations that could allow you to terminate the contract early. In the case of a gym contract, for example, an extraordinary termination due to circumstances such as relocation or illness may be possible.
It is advisable to carefully review the contract first and look for clauses that govern early termination. Gym contracts often include provisions regarding extraordinary termination reasons. If such provisions exist, you should carefully review them and ensure that your situation falls under them.
If there are no specific clauses for extraordinary termination, the law may potentially apply. According to § 314 BGB, there is the possibility of extraordinary termination for important reasons. In this case, you would need to prove that continuing the contract would be unreasonable for you. In your situation, your professional changes and relocation plans could be considered important reasons.
To carry out the termination securely, I recommend drafting an informal termination letter outlining your reasons for the early termination. This letter should be sent to the gym via registered mail to have proof of the termination's receipt.
It is also advisable to seek legal advice in advance of the termination to ensure that you are correctly following all necessary steps. If any legal issues arise, I am available to assist you in this matter.
I hope that my information is helpful to you and I am at your disposal for any further questions.
Best regards,
Mia Schulz
Lawyer
