Difficulty Getting a Refund

What is the name of your state?
New York

About 3 weeks ago I hired a Personal Trainer. I gave her $1,000 for 10 one hour sessions. The first session didn't last the hour since I started feeling sick and had to stop. She told me she would only charge me for half the session and that we would start only having half hour sessions to avoid me getting sick. I had just finished chemotherapy as I had explained to her so my case was special, not sure if she took that in to account. After only two half an hour sessions I went for my after treatment PET scan and it wasn't normal. My doctor wants to continue the treatment for cancer. It is impossible for me to workout while undergoing treatment. I called the Trainer and she told me we could hold off and continue the sessions after my treatment was over, but I really would like a refund. She responded by telling me she had never had to give anyone any refunds and that she didn't know the process and told me she would speak to some people over the weekend and would call me back today. I'm getting very nervous because I have not heard from her. I know she gave me two sessions I would not mind paying for the two sessions in full and receiving 800 dollars instead of 900. I just want my money back since I might need it during the treatment. The problem is that we never discussed a refund policy and I didn't sign an agreement. She did give me a receipt for the transaction.

Can anyone please tell me what my rights are and what I can do to get my money back.

Thank you

Did you obtain your doctor's okay before you sought a personal trainer? I'm not sure that one could reasonably expect a trainer to understand having chemotherapy well enough to know what someone in your situation could and could not do.

You should have obtained something in writing regarding a refund.

You can take her to small claims court.

Pebbles420 said:

Can anyone please tell me what my rights are and what I can do to get my money back.

Click to expand...

Unless you have a written contract that includes a right to refunds... there is no legal obligation for her to refund anything.
This is a simple contract matter. You paid for 10 sessions and she, presumably, is willing to provide them. Unless she refuses to provide the lessons, she is not in breach of the agreement.

I suggest you attempt to negotiate a settlement of the matter and if she is not willing to refund, get her offer to provide half lessons, etc. in writing, noting that they can be taken upon a signed release from your physician. And in the event that a release is not forthcoming, I suggest you try to include a right to 'resell' any unused lessons that are not taken after say, 6 months.