What do I need to consider if I want to terminate a contract prematurely?
February 4, 2023 | 40,00 EUR | answered by Konrad Höfer
Dear Lawyer,
My name is Quentin Krebs and I am reaching out to you because I have a question regarding contract law. Some time ago, I entered into a contract that I would like to terminate prematurely. However, I am unsure of the steps I need to take and whether this is even possible.
The situation is as follows: I signed a fitness contract a year ago, which I am no longer able to utilize due to an injury. I am still paying a monthly fee for the membership, even though I am unable to visit the gym. Since I do not want to continue spending money unnecessarily on a service I cannot use, I am considering terminating the contract early.
My concern is that I may be bound by a minimum term in the contract or that I may have to pay high fees to terminate it prematurely. I want to ensure that I am aware of my rights as a contracting party and that there are no unexpected consequences for me.
Therefore, my specific question to you is: What do I need to consider if I want to terminate a contract early? Are there specific deadlines or formalities that I need to adhere to? What options do I have to legally terminate the contract early?
I thank you in advance for your support and advice.
Sincerely,
Quentin Krebs
Dear Mr. Krebs,
Thank you for your inquiry regarding contract law. It is understandable that you are concerned about how to terminate your fitness contract prematurely, especially if you are no longer able to visit the studio due to an injury. I will explain to you in detail the steps you should take and the options available to you.
First and foremost, it is important to check whether your fitness contract has a minimum term or a notice period. In many cases, contracts in the fitness industry are set for a specific term, such as one year. If this is the case with your contract, early termination is often only possible for a valid reason. An injury could be considered such a reason, as you are no longer able to use the services. It is advisable to clarify this with your fitness studio and, if necessary, provide a medical certificate to justify the termination.
In the event of early termination, the fitness studio may require a processing fee or a remaining sum for the remaining contract term. These fees should be contractually regulated and transparently listed in your contract. If you are unsure whether these fees are legal, I recommend having the contract reviewed by a lawyer.
It is also important to formulate the termination in writing and send it by registered mail to have proof of delivery. In the termination, you should state the reason for the early termination of the contract and request confirmation of the termination.
In summary, you should first check if early termination due to the injury is possible, adhere to the contractual provisions regarding minimum term or notice period, and formulate and send the termination in writing. If you have any further questions or need legal assistance, I am happy to help.
I hope this information helps you and wish you success in the early termination of your fitness contract.
Sincerely,
Konrad Höfer
Attorney at Law
