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Martial Arts Contract

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Nytewind

Guest
I live in Houston Texas. I recently enrolled with a Martial Arts school. The "cost" of the school was $150.00 tuition and $77.00 a month, *BUT* if I prepaid for six months, then he'd waive the $150 tuition, and discount my classes for six months, came out to $426.00. He said specifically that that would cover six months of training and get me to green belt. About a month later, I asked about my advancement and some competition fighting, and the instructor said that I had to join a "black belt club." It cost $3256 or something like that, but, it was *REQUIRED* to advance past yellow belt in his class, and he only offered it to people after 30 days after he found out "if they were serious". (Belts are white, yellow, orange, green). But, what he would do is subtract the $426 I paid him from the $3256, (which is a three year course), and for only a $100.00 sign up fee, I could pay on this three month contract on a month to month basis for, guess how much, $77.00 a month. Before I even signed up for class, I informed him that I had trained for over 10 years, and I was teaching about 8 classes a week through another company, and I was only interested in getting my black belt in Tai Kwon Do.

Clearly, this is classified as fraud under "Bait and Switch" However, I was wondering if this particular case would qualify under the Deceptive Trade Practice Act. I'm not sure if Martial Arts instruction falls under DTPA jurisdiction.

Also, any good NW Houston Area Fraud attorneys want to tackle this?
 


HomeGuru

Senior Member
Nytewind said:
I live in Houston Texas. I recently enrolled with a Martial Arts school. The "cost" of the school was $150.00 tuition and $77.00 a month, *BUT* if I prepaid for six months, then he'd waive the $150 tuition, and discount my classes for six months, came out to $426.00. He said specifically that that would cover six months of training and get me to green belt. About a month later, I asked about my advancement and some competition fighting, and the instructor said that I had to join a "black belt club." It cost $3256 or something like that, but, it was *REQUIRED* to advance past yellow belt in his class, and he only offered it to people after 30 days after he found out "if they were serious". (Belts are white, yellow, orange, green). But, what he would do is subtract the $426 I paid him from the $3256, (which is a three year course), and for only a $100.00 sign up fee, I could pay on this three month contract on a month to month basis for, guess how much, $77.00 a month. Before I even signed up for class, I informed him that I had trained for over 10 years, and I was teaching about 8 classes a week through another company, and I was only interested in getting my black belt in Tai Kwon Do.

Clearly, this is classified as fraud under "Bait and Switch" However, I was wondering if this particular case would qualify under the Deceptive Trade Practice Act. I'm not sure if Martial Arts instruction falls under DTPA jurisdiction.

Also, any good NW Houston Area Fraud attorneys want to tackle this?
**A: you do not have a case or you did not do a very good job of explaining the events.

Grand Master Guru
 
N

Nytewind

Guest
Maybe I can clarify

Maybe I can clarify it for you a bit. First, I've been there less than 30 days. The $426 is for six months of training, which I was told would cover me to green belt (about four ranks).

NOW, listen carefully, after I've been there almost a month, I'm told in order to pass yellow belt (2nd rank) I have to sign up for a black belt club which he doesn't tell ANYBODY about unless they've been there atleast a month, which is, very convieniently, after the "30-day guarantee" he gives.

Now, to join the black belt club, first, I have to pay $100.00. He subtracts the $426 from the $3256 for three years of training. Divides it by 36, and allows me to pay it month to month. So, even though I paid him $426 to cover six months of training, I would have to pay him starting next month of the original $77.00 a month.

Oh, I could not join the black belt club, but, I'd be stuck at yellow belt for six months straight, and then if I didn't join the black belt club after that (which is $100.00 and then $95.00 a month since I don't have a $426 to deduct from it anymore) then I wouldn't be able to train anymore.

I wasn't told anything about any club, or organization, or anything. I said I wanted my black belt, and how much the classes were, and he said it was a $150 setup, and $77.00 a month, and if I prepaid for six months, then he'd give me a discount. It only takes a month for someone who's never taken martial arts to get to yellow belt, so if it's a "try out" to see if we're serious, then he should've only had us prepay a month, not six months. I was told, specifically, I could get a green belt in six months. After about three weeks, *THEN* I was told that in order to pass Yellow Belt (which I already have in like four different arts) then I'd have to sign this new three year contract.

So, yes, I do have a case. I just need to know if it qualifies under DTPA. I quit the class in less than 30 days, and he already said that he'd give me my money back, I just haven't seen it yet.
 

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