Consumer Law, Warranties Health Clubs

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lilly

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I signed a contract for services (karate studio) with a friend for our children about a year ago. The contract was for a period of one year. Two months later, the studio separated our contracts at their request (because one child was advancing much faster than the other) and we both had to sign two different contracts. The second contract was for two years (and our only choice to allow the child to progress in the program). It is now almost a year later and my child hasn't attended in at least three months. Is there any way that I can get out of the contract? Incidentally, I can't get the studio to send me a copy of my contracts that were signed. These were signed in Washington State. Any help is appreciated! - lilly
 
It all depends upon what the contract says. Did you agree to a certain price for a year's worth of lessons? If so, the price might have been offered in consideration for your paying a year in advance. If you didn't and don't have a copy of the contract, perhaps you can withhold payment and then force the dojo to come back and communicate with you.

If you signed the second contract as a "favor" to them without something written in with regard to your opting out of the extension, then it might not have been a good idea to do so.
 
I am certain that it wasn't a good idea to do any of this, now :) Your advice is appreciated very much. I signed the second contract as a way to let my friend's child advance, and as a way to lower my monthly payment, so I realize that I made a bad decision to do so. I had a very cordial relationship with this guy and thought there might be a way to work it out without starting this fued, but he totally turned around and got nasty (he hung up the phone on me when I told him that my child had no intention of returning to her classes)!!

The agreement was that my child was signed up into the "Black Belt" program which consisted of so many classes that were available to her to take at different times during the week. The contract was a Retail Installment Agreement that was like an extended amount of credit so that I did not have to pay the full tuition at once. I have a copy of the first contract, not the second (my fault, I can't find it, Dumb!). I sent him a certified letter on Monday stating that I had requested my paperwork twice before to no avail and requesting in writing that he provide me with my file and still I have heard nothing from him. Isn't there an RCW or something that requires him to make my records available to me within a certain period of time?

Sorry for the long message. Again, I appreciate your response.
 
If you take him to court (small claims might be appropriate), I'm sure he'll bring a copy and you'll have the answer to your case. Regardless, if he doesn't want to supply you with a copy you'll end up in court regardless!

There are specific laws covering retail installment contracts which may be specific to your state. I'm unaware of what state. Still, I think you'll probably end up in court since he has the money and you have the complaint. Beware though, since your contract may provide for him to enforce a termination fee. Part of the "quid pro quo" received in signing the contract is also the risk that you may have to pay if you later want to break it.
 
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