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refund agreement for Hairclub

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consumerrose

Junior Member
I am in Calif. I attended a free "consultation" last night at a Hairclub center, for the free "hair analysis worth $150 value."

The appointment was a joke and a scam, as I've found since getting on the Internet. No analysis or information was offered, just a lot of fast talking and pressure tactics were used to trick me into signing a contract to "purchase my hair" for $1595 (which they said verbally would be termed at $34/month, but didn't write in). No real explanation was offered about how the hair was applied, or that they may shave existing hair or glue the hair piece onto existing hair. They quickly snipped a sample of my thinning hair to "match" before I realized it, and ran a credit check, both without asking my permission. I was not given time to read what I was pressured to sign, but was told it was a safe 100% money back guarantee if I didn't like it AFTER it was applied to my head (and later read "IF" I complied with unreasonable steps).

I tried to reach them on the way home to change my mind, since I couldn't afford it, lived too far away for maintenance, and didn't feel good about the lack of information or tactics used. Later, after reading the small print and Internet surfing, I was appalled by the contract terms, the product, and the services.

I called immediately the next AM to cancel the contract, which said I had to sign their "standard refund and release agreement" within 3 days to cancel. I also called the finance company, Citi Health, asking that they cancel the account (which I don't know if I signed, and wasn't given a copy of). After many phone calls to Hairclub, talking to the manager there, and the consultant that originally pressured me into signing, they agreed to send me the refund form by fax. Although the financing agency said no charge was issued yet, and to call back to check within a few days, Hairclub said the refund takes "30 days." When the form arrived by fax, it was entitled, "Client Refund Agreement", and states that:

"The undersigned hereby agrees that: 1) he has not issued and shall not issue any stop payment orders on his bank checks or credit card authorization slips used to make deposits or other payments for this hair system, and 2) that such action could cause HAIR CLUB FOR MEN, LTD. not to receive due and payable bank funds or to receive undue and invalid charge-backs from the credit card company in violation of his agreement to accept the refund in full and complete satisfaction of all amounts due to him, and 3) HAIR CLUB FOR MEN, LTD. is providing full refund subject to the execution of this General Release by Releaser (Client).

"In the event that the undersigned asserts a claim or commences an action against Release in violation of the terms of this General Release, and does not prevail thereon the undersigned shall be liable for the payment of all costs and expenses (including reasonable attorney fees) incurred by HAIR CLUB FOR MEN, LTD. in defending such claim or action."

My question: If I called the finance company and tried to close the credit account they opened for me, does that nullify the refund agreement? I need to get the signed refund agreement back to them within the 3 days by postal mail. Please tell me what I need to do to cover my bases and cancel the contract without incurring any charges. Thanks.

PS. Because I had a name change, the Hairclub contract was entered and signed in my new first and last name, but Hairclub had to use my old name for the credit financing. The refund form has my new name on it... Does this complicate the legality of the cancellation?
 
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