Contractual Issues

[SuperZero]

Hi all.

I'm having some difficulties that I'd politely like to ask help with.

I had joined a brazilian jiu-jitsu school in the summer, when time had allowed. It's signed in my dad's name and paid through my mom's checking account (since I am a year underage). I thought the deal was monthly payments (and thus flexibility), but recently my schedule had recently cluttered far more (due to school being once again in session) and thus I could no longer regularly attend.

The problem, however, was that although we did in fact make monthly payments, a contract was unknowingly signed forcing those monthly payments for an entire year. The contract is in the hands of AAC right now, and I've been told that the only way to stop such payments is to pay the sum of the year, and that payments cannot be stopped, only frozen (temporarily stopped).

I, being a financial idiot in many respects, am wondering if there's a way to contact AAC directly and cancel that contract, or another way to end such payments. The monthly fee is actually quite hefty, and I'd hate for it to be an unwanted burden on my parents.

[Syphax]

Well, it depends on how the AAC handles it, but I wouldn't get my hopes up if I were you. Contracts are designed to be binding and they can legally force you to continue payments for the duration of the contract period.

I feel your pain. Hopefully they will let you off the hook. Good luck!

[bushido_man96]

That is the one thing about signing contracts. You should know everything about it when you sign it. I have monthly dues drawn out contractually every month, but I go with it because I know that I will be training. I don't have any unexpected things come up, barring serious injury.

If you discuss it with the instructor, you may be able to get something worked out. Hopefully, you will.

[Jiffy]

As mentioned, this is an issue that sometimes arrises. Unfortunately, the onus is on you to predict your time schedule for the year, not for the instructor to accomodate changes in your status.

All I could suggest is to get to training as much as possible and in the meantime, be a little more careful about signing contracts.

[danbong]

I'll preface this with you should check with a lawyer since I am not one. In general, you are bound by the terms of the contract (as long as the terms are enforcable in your state). What may get you out of this contract is if you (and not your parents) signed. Typically many types of contracts cannot be signed by a minor. This might very well be one of those.

[cathal]

I wholeheartedly suggest that you refrain from training in that dojo anymore. Requiring students to sign payment-based contracts is a mjoar sign that you have a McDojo on your hands. Please consider moving on to another dojo if they turn out to not allow some flexibility.

[Zapatista]

Hi all.

I'm having some difficulties that I'd politely like to ask help with.

I had joined a brazilian jiu-jitsu school in the summer, when time had allowed. It's signed in my dad's name and paid through my mom's checking account (since I am a year underage). I thought the deal was monthly payments (and thus flexibility), but recently my schedule had recently cluttered far more (due to school being once again in session) and thus I could no longer regularly attend.

The problem, however, was that although we did in fact make monthly payments, a contract was unknowingly signed forcing those monthly payments for an entire year. The contract is in the hands of AAC right now, and I've been told that the only way to stop such payments is to pay the sum of the year, and that payments cannot be stopped, only frozen (temporarily stopped).

I, being a financial idiot in many respects, am wondering if there's a way to contact AAC directly and cancel that contract, or another way to end such payments. The monthly fee is actually quite hefty, and I'd hate for it to be an unwanted burden on my parents.

If this contract was unknowingly signed then you can have a legal case because one must know about this before entering into a contract. So if there were no signs of it and the place just put you into it there could be a legal thing against them. Of course, there may have been things that you didn't notice at the time that would allow them to have the contract and have it withstand.

The question you have to ask yourself is which is cheaper: paying a lawyer to possibly fight this and pay court fees, or just pay the remainder of the contract and don't do business with them anymore.

[bushido_man96]

This is eating at me, so I will let it out. Just because an instructor doesn't want to bother with trying to collect monthly checks, and keep track of who is paid up and who isn't, and decides to use an agency that does it for them, does not mean the place is bad, and doesn't make it a McDojo. It is just a simpler way to make sure the dues come in every month. And, if it is a good dojo, the students will come regularly anyways, and it would not be a problem.

The problem comes when a student signs up, and something comes up and quits, and then the instructor doesn't release them from the contract. That is when it becomes an issue.

[scad]

the thing about contracts, is if you use them, its not just for securing a pay check, its for one, have not to worry about collectign tuition from each student. second, all billing companies require a contract to do the automated billing, and third my school only allowes ten students per class, so when you sign up, we reserve that spot for you, and don't allow anyone else to join, so even if you try and quit, that spot is yours, and we don't want to have unused spaces, also, you spend one on one time with each child in a class, so why would you want to see some of them slip through that cracks, that is just simply time wasted on the instructors part. when i am signing people up to my school, i make sure they know its a minimun 1 year commitment and that we are reserving a spot for them, and we do an intro class to see if the child enjoys martial arts, so when we use contracts and automated billing, there are no tricks and now unspoken details. the child and parents both know what they are getting and what the class is like, so if they make the decision to sign up, they have made the commitment.

also, the only way i let someone out of a contract is if, the student is ill or injured and ordered by a doctor to stop training, or if they student moves farther than 25 miles away. and its nothing personal, its just business, why bother with contracts if you are going to let people just drop out when they want, the real challenge it keeping them coing otu to your class

-scad

[lordtariel]

I wholeheartedly suggest that you refrain from training in that dojo anymore. Requiring students to sign payment-based contracts is a mjoar sign that you have a McDojo on your hands. Please consider moving on to another dojo if they turn out to not allow some flexibility.

I don't know if that's always the case. I'm in a two year contract at my school. The contract has allowances that allow me to get out for a good reason such as injury, loss of job, or moving. I can either just stop going or not pay for the months I'm out and extend my contract by that amount.

What's really important is to READ THOROUGHLY anything that you sign. I can't stress how important this is. It doesn't matter if it's a mortgage or permission slip... make sure you know what you're getting into. If you have any questions, just ask.