What is the name of your state (only U.S. law)? Florida
I am looking for help in proving my defense for a trial (and waiting for Dismissal hear with judge ).
Here is the situation:
In May 08 I purchased through a boat membership club (which is a franchise) the remaining 3 yrs of a 5 yr contract in which the original contract stays in place and I paid a transfer fee to the club. All paperwork done at the club.
In Feb 08 a new entity was created by new club owners and they took over the club sometime in 2009. It was never told to any members and business ran as usual including the same website to book reservations. No new paperwork was never signed showing a new entity operating as a D/B/A. Each year in May I was billed and invoiced "Annual Membership Renewal Fee" so I never knew of changes till sometime in late 2009 when an issue arised and I was told I needed to sign new rules and regulations as they are different from when I joined because of new ownership.
Now being an older member I do not pay a monthly fee like the others just a yearly fee which equals 2 months of a regular member monthly fee.
They decided in Oct 10 to terminate contract stating they were not obligated to service my contract and I violated club rules (my friend got into a 2 min argument with company employee in which I told him to just walk away and he did) I never made issue over this but apparently employee did and I was terminated. This was not first attempt to terminate my contract or suspend priviledges.
Lawyer in mediation told me the club franchise agreement states they are not obligated to service contract and since I purchased from other owners I need to sue them (they are dissolved) and club owes nothing (they offered to prorate 8 months of the yearly fee $400) Lawyer told me to accept offer and I will not have to worry about his legal fees if I lose in court or if judge dismisses case. I want to take my chances. I know this is a tough case for me but they need to prove things as well
So to sum it up, I need to show proof why I am suing for prorated damages of my remaining contract. I paid $200 a month avg so asking for $2042 (total of contract and annual fee prorated for 8 months). I need to prove why the current owner who did not own club at time of contract is liable. I was also seeking damages in a prorated portion of $3000 for the new club I joined (cost $5300 a yr) I think asking for the $3000 is considered double dipping and will be tossed and I am fine with that if I have to.
IS there any case law to help me out in my defense. I plan to ask for proof in franchise agreement where it says old members have no contract and they serviced me as a favor oppose to asking for new membership fees
HELP...
I am looking for help in proving my defense for a trial (and waiting for Dismissal hear with judge ).
Here is the situation:
In May 08 I purchased through a boat membership club (which is a franchise) the remaining 3 yrs of a 5 yr contract in which the original contract stays in place and I paid a transfer fee to the club. All paperwork done at the club.
In Feb 08 a new entity was created by new club owners and they took over the club sometime in 2009. It was never told to any members and business ran as usual including the same website to book reservations. No new paperwork was never signed showing a new entity operating as a D/B/A. Each year in May I was billed and invoiced "Annual Membership Renewal Fee" so I never knew of changes till sometime in late 2009 when an issue arised and I was told I needed to sign new rules and regulations as they are different from when I joined because of new ownership.
Now being an older member I do not pay a monthly fee like the others just a yearly fee which equals 2 months of a regular member monthly fee.
They decided in Oct 10 to terminate contract stating they were not obligated to service my contract and I violated club rules (my friend got into a 2 min argument with company employee in which I told him to just walk away and he did) I never made issue over this but apparently employee did and I was terminated. This was not first attempt to terminate my contract or suspend priviledges.
Lawyer in mediation told me the club franchise agreement states they are not obligated to service contract and since I purchased from other owners I need to sue them (they are dissolved) and club owes nothing (they offered to prorate 8 months of the yearly fee $400) Lawyer told me to accept offer and I will not have to worry about his legal fees if I lose in court or if judge dismisses case. I want to take my chances. I know this is a tough case for me but they need to prove things as well
So to sum it up, I need to show proof why I am suing for prorated damages of my remaining contract. I paid $200 a month avg so asking for $2042 (total of contract and annual fee prorated for 8 months). I need to prove why the current owner who did not own club at time of contract is liable. I was also seeking damages in a prorated portion of $3000 for the new club I joined (cost $5300 a yr) I think asking for the $3000 is considered double dipping and will be tossed and I am fine with that if I have to.
IS there any case law to help me out in my defense. I plan to ask for proof in franchise agreement where it says old members have no contract and they serviced me as a favor oppose to asking for new membership fees
HELP...