All Sales final and refund policy question

[dmodderman]

What is the name of your state (only U.S. law)? Michigan


Hi,

I am personal trainer who works as a independent contractor in Michigan. Nine months ago a new client purchased 8 personal training sessions (1 month of sessions) with myself in form of money order (sent through the mail). She used 2 sessions within weeks but the last 6 sessions she has not used in 9 months. She just recently sent me an e-mail asking me to refund her unused sessions.

I told her my policy is that I do not refund unused sessions, and that my sale for these is final and that the sessions are still available to use within 6 months of purchase.

Nothing was signed that said I would not refund unused sessions. However, nothing was ever stated or signed that I would refund unused sessions either.

What does the Michigan law state on this? Is there any law that says I have to give her a refund? Everything I read says "all sales are final" unless I have an advertised a specific refund policy.

thanks,

DMODD

 

[tranquility]

It's not really a "sale" as goods are not involved. You have a contract to deliver the lessons for money. You have made a good faith attempt to fulfill the contract. I am uncertain as to what her remedies would be if you don't give her back some amount.

The problem is that all the facts would need to be know. Trainers often work through a health club and many states have special laws which cover such contracts. Also, exactly what the contract says is important.

I would not refund the money as a matter of right. I might refund all or some portion of it to keep good relations with the community.

 

[dmodderman]

thanks for the reply. I do now have written contracts. But at that time there was nothing signed or in written in a contract in relation to training her for 8 sessions. Any contract we had was verbal only. I have no problem training her for the remaining 6 sessions but I think a money refund is unjust because she all of sudden "has changed her mind" after 9 months of not contacting me. She lives 3 hours away so no refund should not hurt my community relations.

 

[justalayman]

You have a contract with the woman and unless you breach the contract, she would have no right to demand a refund.

the problem I see is you limiting her time to use the sessions to some arbitrary 6 month period. As you said, you do not have a written contract and based on the situation at hand, you did not discuss the possibility of unused sessions when entering the contract. You cannot apply additional terms now.

Since you have stated she can still use the sessions, that would lead one to believe you did not offer 1 month of training sessions with up to 8 sessions but merely 8 sessions. If so, you are bound to provide the sessions, more or less, as long as you are in business.

I told her my policy is that I do not refund unused sessions, and that my sale for these is final and that the sessions are still available to use within 6 months of purchase.

I have no problem training her for the remaining 6 sessions

It appears you cannot make up your mind. Either she had up to 6 months to use the sessions (which, again, would argue against the 1 month training period) or she can still utilize the sessions. You waffling on your terms is only making it worse for you and causing you to be bound by this situation forever.

 

[dmodderman]

hey justalayman thanks for your response.

I use the 6 month rule thing currently to prevent something like this from ever happening again. But I told her that the sessions are still available to use even though my current policy in 2010 is that unused sessions expire after 6 months of purchase.

So the answer I was looking for is I am not entitled to give her any money back, only entitled to train her for the 6 remaining sessions if she wants to use them. if she doesnt then she is out of luck. correct?

thanks!

 

[justalayman]

basically, yes but that never prevents a person from suing you. She always has the right to sue you. If things work correctly, she would not win but you would still be faced with the time, effort, and maybe money for a lawyer to defend yourself.