SO
I signed a contract with a personal trainer on Monday, May 16th of this year. Due to unforeseen circumstances, (specifically a fatal illness in my family that will take me away from the area to even use his services) I want to cancel the contract.
No services have been rendered and I have spoken to the owner about resolving the contract. I found out about my new situation 2 days after signing the contract. I immediately called them, told them the situation and said that I had to get back to them as to what I would do going forward.
When I spoke to him 7 days after signing the contract, he was extremely rude to me and has stated that he wants to "set a precedent and do whatever it takes to do so." So, he says that if I do not pay the contract of $520 by this Friday May 27th 2011, then he will exercise his legal rights and take me to small claims court.
Friends have told me to ignore him and not worry about it but, there is a paragraph in the contract I signed that concerns me. From my perspective, it seems that I am liable for ALL court fees or collection agency fees. Here is the paragraph I am speaking to:
"There will be a 10% fee for payments not received by the due date. There will be a $80 fee for any check, draft, credit card returned for insufficient funds or any other reason. This fee is assessed the first time a check or payment is not honored, even if it is honored upon resubmission. If you default on any payment obligation as called for in this agreement, No Mercy Fitness has the right to declare the entire remaining balance due and payable. You agree to pay allowable interest and all costs of collection, including but not limited to collection agency fees, court costs, and attorney fees. Subject to appropriate State and Federal laws."
What should I do? : (
Thank you SO much for any advice - Katelyn
I signed a contract with a personal trainer on Monday, May 16th of this year. Due to unforeseen circumstances, (specifically a fatal illness in my family that will take me away from the area to even use his services) I want to cancel the contract.
No services have been rendered and I have spoken to the owner about resolving the contract. I found out about my new situation 2 days after signing the contract. I immediately called them, told them the situation and said that I had to get back to them as to what I would do going forward.
When I spoke to him 7 days after signing the contract, he was extremely rude to me and has stated that he wants to "set a precedent and do whatever it takes to do so." So, he says that if I do not pay the contract of $520 by this Friday May 27th 2011, then he will exercise his legal rights and take me to small claims court.
Friends have told me to ignore him and not worry about it but, there is a paragraph in the contract I signed that concerns me. From my perspective, it seems that I am liable for ALL court fees or collection agency fees. Here is the paragraph I am speaking to:
"There will be a 10% fee for payments not received by the due date. There will be a $80 fee for any check, draft, credit card returned for insufficient funds or any other reason. This fee is assessed the first time a check or payment is not honored, even if it is honored upon resubmission. If you default on any payment obligation as called for in this agreement, No Mercy Fitness has the right to declare the entire remaining balance due and payable. You agree to pay allowable interest and all costs of collection, including but not limited to collection agency fees, court costs, and attorney fees. Subject to appropriate State and Federal laws."
What should I do? : (
Thank you SO much for any advice - Katelyn
