Martial Arts gym contract Consumer Law, Warranties

Discussion in 'Consumer Law, Contracts, Warranties' started by Slipknotfan6985, Aug 26, 2009.

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  1. Slipknotfan6985

    Slipknotfan6985 Law Topic Starter New Member

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    I live in California. I signed a one year contract for a martial arts gym. I hurt my back and have not been able to attend the martial arts gym. I recently went to the Dr and got a note saying I was injured and that I wont be able to finish my contract. The billing company of the martial arts gym said that I can only get out of the contract if I am permantly disabled. I am not permantly disabled. I just have an injury that prevents me from using the martial arts gym. I found California Civil Code 1812.80-1812.98. It states that

    "As used in this title, "contract for health studio
    services" means a contract for instruction, training or assistance in
    physical culture, body building, exercising, reducing, figure
    development, or any other such physical skill, or for the use by an
    individual patron of the facilities of a health studio, gymnasium or
    other facility used for any of the above purposes."

    Would a martial arts gym be included in the above California Civile Code? The same civil code states

    "Every contract for health studio services shall
    contain a clause providing that if, by reason of death or disability"

    " For the purposes of this section, "disability" means a
    condition which precludes the buyer from physically using the
    facilities and the condition is verified by a physician"


    The code states nothing about being permantly disabled. I talked to these people about cancelling and they said that my Dr notes needs to have the word permantly disabled in it for me to be able to cancel. They said its in my contract. Do I have a rite to cancel per California Civil Code 1812.80-1812.98?
    I didnt even receive a copy of the contract. When I asked them for it they said I need to go to the martial arts gym and get it because they dont have a copy. I then asked them how do they know whats in the contract if they dont have a copy. She said they dont know. WTF??? Any help would be appreciated. I like the people at the Martial arts school I go to. I just cant train with my back injury and pain
     
  2. Michael M. Wechsler

    Michael M. Wechsler Administrator Staff Member

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    Being a martial artist myself, I can tell you that from my experience, most of the places I am familiar are run by people who aren't exactly schooled with the law. I'd kindly inform them of the law, request a refund and, if I didn't get an appropriate response, send a polite demand letter by certified mail. I would agree with you that a martial arts dojo/dojang/school should fall within the California code you mention above, at least from my reading. Good luck and please let us know how this turns out.
     
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