Summary
The user, a gym member in Texas, faced discrimination due to inaccessible closed captioning. Despite communicating her concerns to the gym management, no reasonable accommodations were provided, violating the ADA. The gym suggested membership cancellation with a fee, which the user questioned. The user had documented all communication with the gym, which could be useful for potential legal action. The gyms contract did not include provisions about modifications or exceptions to the cancellation fee due to accessibility issues or discrimination.Full Conversation
Gym discriminated me when I brought up accessibility concerns. Can they charge me cancellation fee if I’m not getting equal participation.
What state are you located in, ****? This will help me provide the most accurate information regarding discrimination and accessibility laws in your area.
Texas
What specific accessibility concerns did you bring up to the gym?
Closed captioning is not visible when working out.
Did you communicate your concerns to the gym management in writing? In Texas, businesses are required to provide reasonable accommodations for individuals with disabilities under the Americans with Disabilities Act.
Yes, They told me to turn up the volume
What was the gym's response after you communicated your concerns in writing?
In Texas, under the ADA:
- Businesses must provide reasonable accommodations for individuals with disabilities.
- Discrimination based on disability is illegal.
Cancel my membership with cancellation fee. Is that allowed
What is the cancellation policy stated in your gym membership contract? In general, businesses can charge a cancellation fee if it's specified in the contract.
3 month policy before cancelling. I’m not getting the full participation due to closed captioning issues.
What steps have you taken to resolve this issue with the gym management? In Texas, businesses are required to provide reasonable accommodations for individuals with disabilities under the ADA.
Email and call. They said manager can resolve it but the manager told me to turn up the volume and did not address my concerns. They can cancel my membership with a cancellation fee part of the policy. Can they charge me full cancellation fee?
Did you sign a contract with the gym that includes the cancellation fee policy?
Yes
Did the contract you signed with the gym include any provisions about modifications or exceptions to the cancellation fee due to accessibility issues or discrimination?
No
Did you consider filing a complaint with the Texas Workforce Commission Civil Rights Division regarding the discrimination and accessibility issue?
No
Would you like assistance in filing a complaint with the Texas Workforce Commission Civil Rights Division? They handle discrimination and accessibility issues in Texas.
No
What is the name and location of the gym? This information can help in providing you with the most accurate advice.
Hotworx Alliance in Fort Worth, TX
What was the duration of your gym membership contract and how long have you been a member?
I have been a member for 2 months
What is the cancellation fee amount stated in your contract?
either * or * dollars
What is the exact amount of the cancellation fee as per your contract?
*
What is the exact reason given by the gym for not providing closed captioning?
They have closed captioning but it’s not accessible or visible.
What steps did the gym take to make the closed captioning more accessible after you raised your concerns?
Nothing, they told me to turn up volume.
Did you document your communication with the gym regarding the accessibility issue? It could be useful if you decide to take legal action.
Yes
What is the exact wording of the cancellation policy in your contract?
3 month policy before cancellation
What is the exact wording of the clause regarding the cancellation fee in your contract?
*
What is the exact wording of the clause regarding disability accommodations in your contract?
None
What is the exact wording of the clause regarding the cancellation fee in your contract?
I can cancel after 3 months. However it’s been 2 months and I don’t have equal participation
What steps have you taken to resolve this issue with the gym management?
Email
What was the gym's response to your email?
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