gym will not give refund.

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OceanBreezy

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Last summer I joined a woman's gym. I paid the full year up front. The following spring the gym decide to start enrolling men. When I expressed my concern I was told I could cancel my membership and receive a refund in about 3 weeks. It has been 3 months now. A month ago the bookkeeper told me a check was issued. She gave me an amout and a check number. I still have not received the check and conversations with the gym employees don't seem to get me anywhere. They refuse to let me speak to the owner. I was told they are not allowed to give me the owners name.
There is a statement on my contract that reads: To cancel the monthly agreement and yearly maintenance fee the member must provide 30 day written notice. Notice must be sent certified mail.
I believe the gym broke the contract when they started enrolling men. Does that make this contract void as far as my providing written notice? They didn't give me any notice when they changed from a womens to a men and womens gym. I did not give them written notice. Whould this case hold up in small claims court?
 
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