Get Fit E.J. Williams I'm unable to fullfill contract due to knee surgery - Jay will not give me a refund. Tampa, Florida

I signed a contract with Get Fit on 12/13/09.

On 01/18/10 I was told that I had a torn meniscus of my right knee.  I only had six workouts!

On 03/31/10 I had surgery done to repair the torn meniscus.  I kept Jay informed to let him know why I had to put my membership on hold.

On 4/30/10 my surgeon provided with me with a letter stating that I was not cleared to participate in a gym membership due to severe arthritis.

In May I contacted Jay via phone and told him that I could not fulfill my contract so therefore he could not either.  He stated "It looks like I will have to give you a refund" He asked that I give him a week to check into everything.   I gave him two weeks and then followed up with him. 

Two months of phone tag went by and then he finally took my call just to tell me to stop harassing his staff and that he would get back to me when he returned from CA.  I never heard back from him.

I mailed him all the provided documentation and time-line.  I still have not heard from him...