Consumer Law, Warranties martial arts contract, validity

[bhegerho]

Recently my wife and I started looking for a karate/martial arts school for or 2 boys (9 and 10 years of age). There are only 2 within a 10-15 minute drive so we started with those. The first required signing a 1 year contract up front and I said no way. My sister had worked with the owners of this school chain (like burger king or McDonalds only they do karate) and said they would likely nickel and dime us to death as well. So I went to the next school. I told the owner that I did not want to sign a contract until I had had a chance to find out if my sons liked karate and if we liked the school. He showed me a beginners program that he said was $80 per month and was month to month with no contract. After the end of the 6 months if we were to continue we would have to get into one or the other programs that had a year contract. I said that is what I was looking for I did not want a contract until I could see my sons were really interested and would stick to the program. He said he understood. I thought all was well and understood. My wife paid for the first month and their equipment. I attended with them when I could but my wife took them most of the time since I was at work when most of the classes were taught. A short time later my wife called me at work and said that they wanted her to sign an authorization for them to withdraw money from our credit card each month since they had a company handle all of their billing. I said ok as long as that was all she was giving them and not signing anything else. Shortly thereafter my wife told me that they had said they would be charging $75 dollars for testing and that testing took place twice a month. We both thought that was outrageous. They had never mentioned this before. My one son also broke his arm about this time. I had not been impressed by the quality of the instructors either. They all had black belts but were very sloppy and of mediocre compared to other black belts I have seen ( I studied karate for a while myself years ago). So I called the studio several times to tell them we would not be continuing or sons classes. I also blocked them from removing money from our credit card. The next week he called saying that he believed my wife had signed a contract. I was quite upset and told he I had specifically told him I did not want a contract and that I had been very clear about that when I had spoke to him. He said he would look it up(acting very innocent of course). We went on vacation the next week. He left a message saying that my wife had signed a contract and he would send us a copy. When we got back we had the contract in the mail. I have scanned it and attached it with names removed. I would like to know the following.

1. Is the contract valid

2. what can I do given the underhanded way he went about getting my wife to sign the contract.

Thanks

 

[army judge]

Recently my wife and I started looking for a karate/martial arts school for or 2 boys (9 and 10 years of age). There are only 2 within a 10-15 minute drive so we started with those. The first required signing a 1 year contract up front and I said no way. My sister had worked with the owners of this school chain (like burger king or McDonalds only they do karate) and said they would likely nickel and dime us to death as well. So I went to the next school. I told the owner that I did not want to sign a contract until I had had a chance to find out if my sons liked karate and if we liked the school. He showed me a beginners program that he said was $80 per month and was month to month with no contract. After the end of the 6 months if we were to continue we would have to get into one or the other programs that had a year contract. I said that is what I was looking for I did not want a contract until I could see my sons were really interested and would stick to the program. He said he understood. I thought all was well and understood. My wife paid for the first month and their equipment. I attended with them when I could but my wife took them most of the time since I was at work when most of the classes were taught. A short time later my wife called me at work and said that they wanted her to sign an authorization for them to withdraw money from our credit card each month since they had a company handle all of their billing. I said ok as long as that was all she was giving them and not signing anything else. Shortly thereafter my wife told me that they had said they would be charging $75 dollars for testing and that testing took place twice a month. We both thought that was outrageous. They had never mentioned this before. My one son also broke his arm about this time. I had not been impressed by the quality of the instructors either. They all had black belts but were very sloppy and of mediocre compared to other black belts I have seen ( I studied karate for a while myself years ago). So I called the studio several times to tell them we would not be continuing or sons classes. I also blocked them from removing money from our credit card. The next week he called saying that he believed my wife had signed a contract. I was quite upset and told he I had specifically told him I did not want a contract and that I had been very clear about that when I had spoke to him. He said he would look it up(acting very innocent of course). We went on vacation the next week. He left a message saying that my wife had signed a contract and he would send us a copy. When we got back we had the contract in the mail. I have scanned it and attached it with names removed. I would like to know the following.

1. Is the contract valid

2. what can I do given the underhanded way he went about getting my wife to sign the contract.

Thanks

The contract is poorly written.
It does appear, however, to be a valid contract.


Your wife could have said, no.
Then she should have directed him to speak with you.
She didn't have to sign the contract.
People claim they were tricked into signing contracts everyday.
That alone, doesn't affect the validity of the contract.
She should have read it, before she signed it.

It appears that you can cancel the contract with a 30 day notice.
I can't read the thumbnail version all that well.
I do see the 30 day notice for cancellation.
As you've stopped the payments already, what else are you trying to accomplish?

 

[fredrikklaw]

Call this a contract? Surely you jest.

It really irks me royally when I read about honest, well meaning folks getting roped into such two-bit, cheap, and downright fraudulent con jobs masquerading as legitimate business transactions, or so-called contracts.

I personally urge you to first of all report these shysters to your local Better Business Bureau (or equivalent), and after that make a copy of this joke of a contract, roll it up and mail it to the Karate school, attention of Grand Master Crook with a note saying "Put this where the…!" You should then write to your credit card company to not only stop all future withdrawals, but also to request a "charge-back" of all the withdrawals already made by the Karate school.

As for this piece of paper, well, it is nothing; absolutely nothing and whatever it is, it certainly is not a contract and even if we were to call it one, it is void for all intents and purposes since it was obtained by intentional misrepresentation of the facts and by fraudulent inducement. Also, it is missing almost all the essential elements that go to make a valid contract, least of which is the subject matter of the contract, begging the question: What exactly is this contract for and what is the student buying here?

The other glaring oddity of this so-called contract is its type designation, which by virtue of its own language and terms makes it an installment contract, but this abomination, this thing is NOT an installment contract.

Anyways, the long and short of it is that the contract is not worth the paper it is written on as it fails on so many fronts and you should get back every penny you have shelled out to the Karate school, and just in case you are fretting being sued; DON'T. It is a non-event and should be treated with the contempt it deserves.

Stand your ground and they will soon go away.

fredrikklaw

 

[bhegerho]

Thanks for responding. I did show this to my neighbor who is an attorney. He said it looks like a valid contract. The 30 day cancellation is for renewal. I do plan on contacting the bbb and attorney general but what I want is to nullify the contract. Yes I agree my wife should have read it but I am sure that is why he had her sign and not me. I would not have signed.

 

[army judge]

Thanks for responding. I did show this to my neighbor who is an attorney. He said it looks like a valid contract. The 30 day cancellation is for renewal. I do plan on contacting the bbb and attorney general but what I want is to nullify the contract. Yes I agree my wife should have read it but I am sure that is why he had her sign and not me. I would not have signed.

Do you know what nullification means?

Nullification normally refers to state governments ignoring federal law, or a jury ignoring the law to deliver a message about a criminal case.

Nullification doesn't apply to contract law.

What you possibly mean is void versus voidable contracts.

Void Versus Voidable Contracts​

There is an important distinction between "void"and "voidable" contracts. Confusion sometimes arises from the failure to understand the difference. A contract is void when the law declares it to be so absolutely - there is no contract whatever and no change in the legal position of the parties; it cannot be ratified. A voidable contract, on the other hand, binds one party but not the other; it is valid until it is avoided by the party entitled to avoid it (refuse to do his part). Until thus disaffirmed it is binding. It may be ratified. Thus, A agrees to sell a $5,000 automobile to B, a minor (not yet 21 years of age). A is bound to furnish the automobile and cannot plead that B was not of age; B may refuse to take the automobile, in which case A is helpless; B may ratify after becoming of age - that is, agree to fulfill his part of the contract he had entered into when a minor. As we shall see later, a minor is bound to pay for necessaries, but even then only a reasonable price. For instance, B, a minor, agrees to purchase a $30 suit from A, who furnishes the suit. B then tries to avoid paying for it, alleging that when he entered into the contract he was a minor and therefore could not be bound on the contract. He will be compelled to pay A for the suit, but only what it is worth - the reasonable value - regardless of the fact that he had agreed to pay $30.

http://chestofbooks.com/finance/banking/Elementary-Banking-AIB/Void-Versus-Voidable-Contracts.html

A major element of contract law is "a meeting of the minds".

If you agree to buy all of Old McDonald's "stock", and Old McDonald agrees to sell you all of his "stock"; you might say you have a "meeting of the minds".

The problem is that you thought Old McDonald he was selling you "stock" certificates (an ownership in a corporation).

Old McDonald thought you wanted to buy all of his live"stock".

Thus, when Old McDonald's herd of prize winning Angus cows arrive, you're shocked.

You don't have an enforceable contract, as there never was a "meeting of the minds".



In your Karate case, this contract isn't "void or voidable", because your wife is legally able to contract.

In California, a wife or husband, contracts on behalf of the marriage.

California is a community property state.

Thus, what one spouse does legally, obligates the other.

In your case, it matters not what you might have done.

All that matters is what your wife did.

She is competent, and therefore, legally able to contract on behalf of your marriage.

Anyway, good luck with your case.

I hope you overcome any obstacles and beat that crook!