Youth Hockey

What is the name of your state?
Massachusetts

My 11 yr old son tried out and was chosen for a "select" hockey team. From the team's advertisements (and website) we believed that this was "AA" hockey which means that the teams that play in this league are a bit more competitive and receive more development (skill sessions, practice, etc.) than "town" hockey programs.

From the beginning it was obvious that the team was no where near the skill level of "AA" hockey. The practice sessions were disorganized. Many times the head coach would not show up for games or practice without explanation. When I tried to talk to the coach about the situation I was informed, "If you don't like the way I coach, there's the door."

Consequently, we removed our son from the team. We contacted the business office of the hockey program and informed them that we wanted our son moved to a different team or we wanted a pro-rated refund.

The only other team in the program that our son could play for already had a full roster and so we again requested a refund. We were told to contact the Vice-president of the organization, which we did and informed him of what had occurred and what we expected in terms of a refund. We were told that pursuant to a discussion between the President, Vice-President and the coach (?!) we were to receive no refund and no credit for other programs because we had removed our son from the team. When I asked to get this information in writing from them, the Vice-President refused.

My husband and I are considering filing a small claims action to recover $1500.00. We view this as a consumer issue. We paid this company to provide a service that they have not provided. Does this sound like a viable case?

We live in MA, but the hockey program is located in New Hampshire. Do we have the choice of filing in MA or NH?

Thanks very much for any advice.

Do we have the choice of filing in MA or NH?

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No. Read the contract you signed. Probably at the end of it there is a 'legal action' clause that stipulates which state's law govern the contract. That is where you will have to file.

And yes, you can sue for recovery of the prorated amount. But the burden of proof that your son did not leave the team will be on you as well as proving all elements of your case.

I agree that you should read the fine print on their contract first. You should at least be able to get a pro-rated or partial refund.

They will have to pay your court costs/ filing fees if they lose.

Though you obviously have the right to file a lawsuit, I disagree as to your chance of winning.

Your original post said, "From the team's advertisements (and website) we believed that this was "AA" hockey... ".
Why did you BELIEVE that?? Did you verify the level with anyone?? Do you have anything to show the court that your assumption was valid??
If so, then go forward with your suit and show the court that you were told a specific level for the team.

However, if you are not able to show that your assumption was justified, the court could likely presume that you simply signed him up for hockey. And if so, then you would have to provide some support that the club failed to provide the services that they SPECIFICALLY promised (or could be reasonably assumed). If this is the case, then the contract will likely be viewed solely within the parameters of any cancellation and refund clause it might contain.

Basically, in order to prevail, you would have to show that the other party breached the agreement which you have not shown here.