Consumer Law, Warranties Is this taekwondo - karate contract voidable?

[hjt113]

...
I signed up my kid last year into a TKD school. I made the mistake to pay for 3years upfront, which was providing a significant discount over the monthly payment. In the contract it was clearly stated that any cancellation was not going to be refundable, and I am ok with that. The school has different group levels with different uniforms (another way to make more money but again I am ok with that). Starts with "Black Belt Club Intermediate" then "Black Belt Club Expert" then "Leadership Quest Expert". Each level has a different set of belts, and you basically move to the next level after testing, once you obtain the "lowest" belt for that level. I am at the point where my child has reached the highest belt in his current level (Black Belt Club Intermediate), and the next time he tests, he will be "forced" into the next group up, in this case "Leadership Expert". This is where things start to get muddy: I have heard from other parents in the same situation that the Dojo Master is forcing them into signing up a new contract, even if they have already paid for 3 years upfront and they have not been using the 3 years yet. By looking closely at the contract, it is very misleading and this is where the confusion comes from:
When I signed up, the Dojo master guaranteed me verbally that my child would be able to go to any class at any level for the 3 years and typically that is how long it takes to reach black belt. Now I hear that can stay for 3 years, but ONLY in the groups that are called "Black Belt Club" (either "Black Belt Club Intermediate" or "Black Belt Club Advanced"). If I want him to move to the "Leadership Quest Expert", which is the three last belsts before black, this is a new contract for four more years and I'm not sure what happens to the remainder of the 3 years that are "unused" (I assume balance is applied). It is not specifically written that my child can ONLY attend Black Belt Club classes but the plan that I'm signed up for is Black Club Unlimited and that makes me wonder if I'm in the same boat (having to sign new multi-year contract to enter the last level and earn black belt). I am attaching the contract highlighting the important elements that are misleading and debatable. I am looking for any advice as to what my rights are - again I am not looking for a refund, I will be ok having my child stay for the remainder of the 3 years I paid for, as long as he can move into the next level up ("Leadership QUest Expert") and be able to earn black belt under current contract. I am looking for any advice or guidance as to what my rights are. Thanks in advance for your help!

 

[army judge]

Before anyone can offer you any useful information you should approach the seller of the contract and ask him/her/it the questions posed here.

I have an idea what you'll be told, but let's be fair and discuss with the owner what it is you wish for your child, and if it will cost you more money.

Hopefully a pleasant conversation will ensue, and a mutually agreeable outcome will be achieved.

If more money is required, before paying another dime, get the new contract in writing, take it and the old one to your lawyer and ask for the contracts to be reviewed.

Yeah, that'll cost you more money, but will probably save you more money than what you pay a lawyer.

If you don't want to do that, then just let the kid get exercise, don't worry about "buying him belts that don't mean anything", and save the excess money for his/her college fund, wedding fund, or as a graduation from high school present.

 

[adjusterjack]

When I signed up, the Dojo master guaranteed me verbally that my child would be able to go to any class at any level for the 3 years

You can forget that verbal guarantee. I came across the following from Paragraph 3:

"Class schedules and content of classes, programs, furnishing of facilities, location change, and instructors are at the sole and absolute discretion of the Seller and may be changed at any time by Seller without notice."

And from Paragraph 4:

"The Seller and Buyer shall be bound by the modified Contract and agree that no other modifications shall be enforceable unless in writing and signed by the parties. This Contract constitutes the entire Contract between the parties..."

I have heard from other parents in the same situation that the Dojo Master is forcing them into signing up a new contract,

Nobody's putting a gun to their heads. They can say no. So can you.

If I want him to move to the "Leadership Quest Expert", which is the three last belsts before black, this is a new contract for four more years and I'm not sure what happens to the remainder of the 3 years that are "unused" (I assume balance is applied).

Don't assume anything. Ask.

I am attaching the contract highlighting the important elements that are misleading and debatable.

The highlighted parts have nothing to to with what you signed up for. They only address test fees and uniforms and there's nothing misleading about what they say.

I am looking for any advice as to what my rights are

Your rights are what are specified in the contract. Take a close look at Paragraphs 3 and 4. Seems to me your options are either sign a new contract or leave your kid in the program based on the old contract or just take him out of the program and put him in another school, only next time be wiser about what you are getting into.

So, no, the contract is not voidable.

Beyond that, I agree with Army Judge's points.

 

[hjt113]

Thanks for your answer. Per army judge's recommendation I had a discussion with the owner. He claimed that my child can only stay in the current "group" (Black Belt Club) and that he cannot go the next group ("Leadership Expert") without signing a new 4 year (!) contract. His only "compromise" is to allow my child to stay in the current Black Belt group, but he won't be taught what he needs to learn for testing until 2 weeks prior to testing, in which he will be allowed to join the "Leadership Expert" group to learn what he has to learn, test, then go "back" to his current group after testing. Which is basically horrible for my child as he may see his friends in the more "advanced" group if the parents agreed to sign the 4 year contract, while he will feel that he is "punished" as he cannot stay in the "better group". My question is: looking at the contract, I do not clearly see what "levels" he can attend or not attend. It does mention "BBC Unlimited" but that is about it. In your opinion, does the contract have enough basis for the owner to prevent my kid to join the "Leadership quest club"?
I do see from paragraph 3 that "Class schedules and content of classes, programs, furnishing of facilities, location change, and instructors are at the sole and absolute discretion of the Seller and may be changed at any time by Seller without notice."
I understand that instructors can change, location can change, schedule can change. But is there enough "legal" language to prevent me from attending a class in another group?

Thanks in advance for your advice!

 

[army judge]

Thanks for your answer. Per army judge's recommendation I had a discussion with the owner. He claimed that my child can only stay in the current "group" (Black Belt Club) and that he cannot go the next group ("Leadership Expert") without signing a new 4 year (!) contract. His only "compromise" is to allow my child to stay in the current Black Belt group, but he won't be taught what he needs to learn for testing until 2 weeks prior to testing, in which he will be allowed to join the "Leadership Expert" group to learn what he has to learn, test, then go "back" to his current group after testing. Which is basically horrible for my child as he may see his friends in the more "advanced" group if the parents agreed to sign the 4 year contract, while he will feel that he is "punished" as he cannot stay in the "better group". My question is: looking at the contract, I do not clearly see what "levels" he can attend or not attend. It does mention "BBC Unlimited" but that is about it. In your opinion, does the contract have enough basis for the owner to prevent my kid to join the "Leadership quest club"?
I do see from paragraph 3 that "Class schedules and content of classes, programs, furnishing of facilities, location change, and instructors are at the sole and absolute discretion of the Seller and may be changed at any time by Seller without notice."
I understand that instructors can change, location can change, schedule can change. But is there enough "legal" language to prevent me from attending a class in another group?

Thanks in advance for your advice!

Many of these alleged martial arts "schools" are little more than SCAMS operated by SLICK SCAMMERS.

If it were my child, I save the money the SCAMMER demands for his/her college education.

The SCAMMER doesn't care about your kids, his concern is your wallet, extracting all that you allow him to steal.

You're the parent and the one funding the operation, so it's your call.

I hate SCAMMERS and their evil SCAMS.

 

[hjt113]

I do hate scammers too.. this is why I am looking for guidance.... based on what is written in the contract, can he prevent my kid to attend another group or can I go after him for breach of contract if he does that?

 

[mightymoose]

Yes he can prevent it. Whether or not that is appropriate based on the contract is something you would have to settle in court if you can't come to agreement. Most people would likely feel that is a complete waste of time and money, and doing so still doesn't get your kid in the class.
Your best option might be too simply withdraw or maybe enroll elsewhere.