Need Info on a "contract" please

[thanatos]

I reside in NY. A few of years ago we signed our two sons up for karate lessons. After going for about six months, we signed them up for the "goal achievers" program. In essence, this stated that they were dedicated to achieving a Black Belt. It allowed them to wear a special, different colored uniform, and receive a 10% discount on certain sale items. The expected time line was approximately three years. After two years, our sons were extremely bored with the lessons and wished to pursue other sports. They were attending karate 3 nights a week. We allowed them to quit as we weren't overly impressed with the progress and teaching. Now, three months after quitting, we have received a bill for what the remaining balance would have been if they had taken lessons for the entire three years. Since they would be receiving nothing for the money, it doesn't seem like we should have to pay. Is this right, or are we stuck for the balance? Any input would be appreciated. Thanks

 

[I AM ALWAYS LIABLE]

My response:

You owe the money. This was not a "pay as you go" contract; this was a "term" contract; i.e., you contracted for a certain amount of days to take lessons, over a defined period of time. In exchange for the lessons, you agreed to a package or "term" price.

It is not the fault of the owner that you have chosen not to take advantage of the lessons. The fact remains that the lessons were available, and the owner was ready, willing, and able to keep his end of the bargain.

And, while you may not be impressed with the results, that is a "subjective" feeling, and certainly not one that is "objective" by a judge. Since everyone learns at varying rates, the results of the sport (or art) could take more or less time, depending on the person. But that, alone, has no bearing on whether you owe the money.

Since you signed a "term" contract, you owe for the entire term - - which is not dependant upon whether you avail yourself to the lessons, or whether you are learning as fast as you think you should. If this was a "pay as you go" contract, then you would not owe for lessons not taken.

Next time, pay for only the length of time you use such services; like at a gym, or a weight training center, exercise center, or even a karate center, rather than a term of time you may not wish to use.

IAAL