Marjorie, a 17-year old high school student, lives with her parents. She she decided to join a gym to get into shape. She entered into a one-year contract with Basic Fitness, LLC, under which she had daily access to Basics gym equipment and training facilities for an start up fee of $100 and a monthly membership dues of $30. The contract states that the one-year membership cannot be cancelled and that the member is not entitled to a refund of the start up fee and is obliged to pay the monthly membership dues for the contract period, whether or not the member uses the gym. Marjorie paid the start up fee and her first months membership dues and used the gym conscientiously every morning for two weeks. She then got bored with the gym and stopped going. She did not pay her second months membership dues. When Basic sent her a bill demanding payment, she cancelled her membership.

Basic claims that she is not entitled to do that and must pay the $30 each month for the rest of the years membership period. Basic and other gyms allow non-members to buy a daily pass which allows them to use the gyms facilities for a day. Gyms charge between $5 and $10 for daily passes. Basics daily pass costs $10. Basic says it is well accepted that lack of physical exercise is detrimental to health and that exercising at a gym is an efficient way of getting beneficial physical activity.

• Does the gym membership qualify as a necessary? Why or why not?
• What are the legal consequences if it is a necessary? What are they if it is not? Why?