I will try to make this short, but need advice if this is a valid case. I know with the amount of money involved, Indiana small claims court won't take it but maybe valid for larger court?
My wife and I joined a martial arts college/school in Nov, 2002, and signed up for one year's worth of training ($1980). Services were rendered for the first 7 months at which time we then signed up in advance for 2 additional years ($4320) of martial arts training which would take effect beginning Dec, 2003. We were appointed by Mr. X (owner/operator) as assistant instructors in May, 2003 to assist Mr. X with classes. In July, 2003, Mr. X advised us to sign up in for 2 more years (Black Belt Club) since we were now assistant instructors and in order to be instructors we must become Black Belts and also the rates would be going up soon. We did not sign contracts for either membership but we did have discussions and shook hands and we do have receipts. Beginning in mid-late July through December, 2003, Mr. X failed to show up to class on Monday's and Wednesday's at 5 PM and 6:30 PM --the classes we were able to attend/instruct as per our discussion with Mr. X. As a result, Mr. X failed to provide the training for which we paid and refused to teach when we asked (not good to asked, a form of disrespect) we were told to "have one of the other assistant instructors teach you". We no longer wish to be part of this type of school due to the poor training and instruction we received. Additionally, while Mr. X was gone, we had to teach his classes for him. Being students only 7 months and assistant instructors only 2 months, we were in no way qualified to solely teach classes without his presence. We are asking for a refund due to lack of services rendered. When we approached Mr. X for a refund, he stated that he would have no problem refunding us (and that we deserved it) but it was up to the president of the school.
When we approached the president of the college/school, he said it was up to Mr.
X. Therefore, we were mislead by Mr. X. When we approached Mr. X a second time (Februray 6, 2004), he denied us a refund.
SETTLEMENT: Refund
SETTLEMENT EXPLANATION:
Due to the fact we no longer want to be a part of this school and it's practices, we request a refund of $5145.00, which includes the remaining 5 months of our original membership and the additional two years of membership.
PRODUCT: Martial arts training
My wife and I joined a martial arts college/school in Nov, 2002, and signed up for one year's worth of training ($1980). Services were rendered for the first 7 months at which time we then signed up in advance for 2 additional years ($4320) of martial arts training which would take effect beginning Dec, 2003. We were appointed by Mr. X (owner/operator) as assistant instructors in May, 2003 to assist Mr. X with classes. In July, 2003, Mr. X advised us to sign up in for 2 more years (Black Belt Club) since we were now assistant instructors and in order to be instructors we must become Black Belts and also the rates would be going up soon. We did not sign contracts for either membership but we did have discussions and shook hands and we do have receipts. Beginning in mid-late July through December, 2003, Mr. X failed to show up to class on Monday's and Wednesday's at 5 PM and 6:30 PM --the classes we were able to attend/instruct as per our discussion with Mr. X. As a result, Mr. X failed to provide the training for which we paid and refused to teach when we asked (not good to asked, a form of disrespect) we were told to "have one of the other assistant instructors teach you". We no longer wish to be part of this type of school due to the poor training and instruction we received. Additionally, while Mr. X was gone, we had to teach his classes for him. Being students only 7 months and assistant instructors only 2 months, we were in no way qualified to solely teach classes without his presence. We are asking for a refund due to lack of services rendered. When we approached Mr. X for a refund, he stated that he would have no problem refunding us (and that we deserved it) but it was up to the president of the school.
When we approached the president of the college/school, he said it was up to Mr.
X. Therefore, we were mislead by Mr. X. When we approached Mr. X a second time (Februray 6, 2004), he denied us a refund.
SETTLEMENT: Refund
SETTLEMENT EXPLANATION:
Due to the fact we no longer want to be a part of this school and it's practices, we request a refund of $5145.00, which includes the remaining 5 months of our original membership and the additional two years of membership.
PRODUCT: Martial arts training