Contract with a childrens sporting organization - do i really have to pay?

[mkcgm]

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

Hello. I am so happy I found this site. I really need some advice. My 3 children are currently on teams at a competitive cheer facility. We have actually been at the gym for several years. However, the situation has changed and the coach (and gym owner) has targeted my 11 year old daughter to be the one he picks on. It is to the extent that in a matter of weeks she has begun to show signs of severe depression. Understand that whatever answers I get here, my child comes first and I am removing all my children from this toxic environment. However, I do not feel I should have to pay fees and tuition for all 3 for the next 10 months. (This is a substantial amount of money ~$6k.)

Below is the wording in the contract we signed. Followed by the email I am planning to send to the coach. The email I have tried to word and format to not only inform the coach we are leaving and why but also to demonstrate how the contract has been voided/broken by him. I feel it shows that 1)he backed out by telling us to go 2)examples of anticipatory breech 3)improper behavior/rescission

I greatly appreciate any thoughts, comments or advice! Thanks Mary

The paper/contract I signed had the following wording:
Financial Responsibility Commitment
I have read and fully understand my financial commitment to x Cheer as outlined in this tryout packet.
I understand that my commitment is for the 2014-*-2015 All-*-Star competitive season. I understand that I will forfeit any monies paid if I choose to leave a team or am asked to leave the program. I understand that if I leave x Cheer, I am Financially Responsible for all fees and tuition for the full 2014-*-2015 season.
I am entering this program of my own free will. I understand that I am responsible for all fees starting May 2014 thru April 2015.

Email to Coach:

Coach x

During our conversation on Wednesday 6/18 at one point you stated: If you want to go to CA, go ahead and go.

Upon further reflection of our conversation and other events in the last week we have decided to do as you invited us to do and go.

Further explanation of this decision is based on several factors. First, after I stated that is wasn’t our intention to leave the gym you stated “Well I now have in the back of my head that you have one foot out the door. Therefore when it comes to who I want to fly or if I should work on advancing skills I won’t want to do that with someone I know might leave.”

My interpretation of this statement is that my children will not be provided with care, consideration, training, guidance, or respect.

Something else brought to my attention by other concerned parents, was on Wednesday 6/18 during practice you made a statement to the team in the effect that even if they have a hurt shoulder or back everyone was to participate in tumbling, jumps, and conditioning, unless they have a doctor’s note or have had their teeth knocked out, and a chiropractor is not a doctor and doesn’t count.

Since Sarah currently has a sore back and hurt shoulder and as you are very aware she is being seen by a chiropractor, your opinion puts all my children’s health at risk. While not an MD; chiropractors have extensive training on the physical anatomy of the body and as such this is recognized by my medical insurance company and our visits are covered. Therefore, as a recognized medical professional if a chiropractor states my child needs to abstain from activity to prevent further catastrophic injury then I will follow such advice.

Finally, intimidating, threatening, humiliating, disrespecting and bullying my children is unacceptable.

 

[mkcgm]

some sort of glitch...

 

[Proserpina]

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

Hello. I am so happy I found this site. I really need some advice. My 3 children are currently on teams at a competitive cheer facility. We have actually been at the gym for several years. However, the situation has changed and the coach (and gym owner) has targeted my 11 year old daughter to be the one he picks on. It is to the extent that in a matter of weeks she has begun to show signs of severe depression. Understand that whatever answers I get here, my child comes first and I am removing all my children from this toxic environment. However, I do not feel I should have to pay fees and tuition for all 3 for the next 10 months. (This is a substantial amount of money ~$6k.)

Below is the wording in the contract we signed. Followed by the email I am planning to send to the coach. The email I have tried to word and format to not only inform the coach we are leaving and why but also to demonstrate how the contract has been voided/broken by him. I feel it shows that 1)he backed out by telling us to go 2)examples of anticipatory breech 3)improper behavior/rescission

I greatly appreciate any thoughts, comments or advice! Thanks Mary

The paper/contract I signed had the following wording:
Financial Responsibility Commitment
I have read and fully understand my financial commitment to x Cheer as outlined in this tryout packet.
I understand that my commitment is for the 2014-*-2015 All-*-Star competitive season. I understand that I will forfeit any monies paid if I choose to leave a team or am asked to leave the program. I understand that if I leave x Cheer, I am Financially Responsible for all fees and tuition for the full 2014-*-2015 season.
I am entering this program of my own free will. I understand that I am responsible for all fees starting May 2014 thru April 2015.

Email to Coach:

Coach x

During our conversation on Wednesday 6/18 at one point you stated: If you want to go to CA, go ahead and go.

Upon further reflection of our conversation and other events in the last week we have decided to do as you invited us to do and go.

Further explanation of this decision is based on several factors. First, after I stated that is wasn’t our intention to leave the gym you stated “Well I now have in the back of my head that you have one foot out the door. Therefore when it comes to who I want to fly or if I should work on advancing skills I won’t want to do that with someone I know might leave.”

My interpretation of this statement is that my children will not be provided with care, consideration, training, guidance, or respect.

Something else brought to my attention by other concerned parents, was on Wednesday 6/18 during practice you made a statement to the team in the effect that even if they have a hurt shoulder or back everyone was to participate in tumbling, jumps, and conditioning, unless they have a doctor’s note or have had their teeth knocked out, and a chiropractor is not a doctor and doesn’t count.

Since Sarah currently has a sore back and hurt shoulder and as you are very aware she is being seen by a chiropractor, your opinion puts all my children’s health at risk. While not an MD; chiropractors have extensive training on the physical anatomy of the body and as such this is recognized by my medical insurance company and our visits are covered. Therefore, as a recognized medical professional if a chiropractor states my child needs to abstain from activity to prevent further catastrophic injury then I will follow such advice.

Finally, intimidating, threatening, humiliating, disrespecting and bullying my children is unacceptable.

You're going to end up sued, and I believe you'll lose.

The contract is clear, and on the surface at least there is nothing illegal or wrong with it. You agreed to do X, not X-but-only-if-I-am-happy-doing-X.

 

[mkcgm]

That respnse makes me sad...I see your point.....I hope someone has some better thoughts. It seems unfair that he should have all the power especially as this is not me unhappy but actually in fear for my childs physical and emotional well being. However that leads me to another question. I could potentially leave my other 2 children in the program as they are on teams with a different coach and don't interact much with the owner/coach. However, I would be very worried about retribution against them by the gym owner (ie him becoming verbally abusive with them). So the question is if I remove my children from the program - does he have to tell me of his intention to sue? And when does he have to do so? (I am not sure he will sue - I don't know if he has in the past.) But if I have to pay then I will keep the other 2 in the program, as long as they are not subjected to anything that is harmful to their physical or emotional well being.

 

[tranquility]

Since you have not really alleged a specific breach, the only thing you have for the one daughter being picked on is the theory of good faith and fair dealing. People who contract with each other are assumed to not only live up to the specific wording of a contract, but also try to accomplish the purpose of the contract. (Or, at least not actually hinder it.)

You need to claim the coach, by picking on your daughter, is not helping the purpose of the contract. (Whatever that is.) You will need specific facts and not general conclusions and the coach will also give his perspective on how things are not "picking on" your daughter, but helping her towards the goals of the contract. A judge will decide. Absent other behavior directly related to your other children, I don't see how that argument could be used in those situations. Because you fear (aka "toxic environment"), is not generally a reason for a valid claim.

 

[quincy]

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

... Understand that whatever answers I get here, my child comes first and I am removing all my children from this toxic environment. However, I do not feel I should have to pay fees and tuition for all 3 for the next 10 months. (This is a substantial amount of money ~$6k.)

Below is the wording in the contract we signed. Followed by the email I am planning to send to the coach. The email I have tried to word and format to not only inform the coach we are leaving and why but also to demonstrate how the contract has been voided/broken by him. I feel it shows that 1)he backed out by telling us to go 2)examples of anticipatory breech 3)improper behavior/rescission ...


The paper/contract I signed had the following wording:
Financial Responsibility Commitment
I have read and fully understand my financial commitment to x Cheer as outlined in this tryout packet.
I understand that my commitment is for the 2014-*-2015 All-*-Star competitive season. I understand that I will forfeit any monies paid if I choose to leave a team or am asked to leave the program. I understand that if I leave x Cheer, I am Financially Responsible for all fees and tuition for the full 2014-*-2015 season.
I am entering this program of my own free will. I understand that I am responsible for all fees starting May 2014 thru April 2015.

Email to Coach:

Coach x

During our conversation on Wednesday 6/18 at one point you stated: If you want to go to CA, go ahead and go.

Upon further reflection of our conversation and other events in the last week we have decided to do as you invited us to do and go.

Further explanation of this decision is based on several factors. First, after I stated that is wasn't our intention to leave the gym you stated. Well I now have in the back of my head that you have one foot out the door. Therefore when it comes to who I want to fly or if I should work on advancing skills I won't want to do that with someone I know might leave.

My interpretation of this statement is that my children will not be provided with care, consideration, training, guidance, or respect.

Something else brought to my attention by other concerned parents, was on Wednesday 6/18 during practice you made a statement to the team in the effect that even if they have a hurt shoulder or back everyone was to participate in tumbling, jumps, and conditioning, unless they have a doctor's note or have had their teeth knocked out, and a chiropractor is not a doctor and doesn't count.

Since Sarah currently has a sore back and hurt shoulder and as you are very aware she is being seen by a chiropractor, your opinion puts all my children's health at risk. While not an MD; chiropractors have extensive training on the physical anatomy of the body and as such this is recognized by my medical insurance company and our visits are covered. Therefore, as a recognized medical professional if a chiropractor states my child needs to abstain from activity to prevent further catastrophic injury then I will follow such advice.

Finally, intimidating, threatening, humiliating, disrespecting and bullying my children is unacceptable.

The contract you signed would need to be read in its entirety to determine your legal responsibility. Certainly the portion of the contract you provided here clearly indicates that you are responsible for the payment of all fees and tuition even if you choose to leave the program.

If you decide to send a letter to the coach, I strongly recommend you leave off the last line and omit or reword others (bolded above), as they can be seen as defamatory and can potentially get you sued, if anyone other than the coach has access to it and reads it.

Whether you decide to leave your other two children in the program is entirely up to you. You have no action against the gym owner based on "what ifs," however. If the gym owner becomes abusive toward your children, revisit the matter at that time. But, if you feel uncomfortable with how the program is run, you are always free to withdraw your children and pay what the contract legally binds you to pay.

You can have the entire contract, and the facts of your child's participation in the program under the one coach, reviewed by an attorney in your area if you think there is a chance the contract can be voided. I am not seeing this from what you have posted so far.

Good luck.