Getting Out Of An All Star Contract?

Discussion in 'Cheer Newbies' started by Lunasky, May 20, 2016.

  1. SL&AM

    SL&AM Slow your roll, Sparkle.

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    Our contract states a $300 rechoreo fee OR unpaid tuition whichever is higher. I do know the owner has charged that fee/taken people to court over it, but we have 3 other gyms in the area who all have similar clauses. If she wants to cheer, we have to abide by it or walk away.

     
  2. Cheer Dad

    Cheer Dad Slow your roll, Sparkle.

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    I have often heard these contracts are not enforceable on collecting money. A now defunct gym used to take threaten parents with small claims court if they didn't honor the full years tuition upon leaving and I don't believe they ever won when they actually tried small claims court.


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  3. SharkDad

    SharkDad Most Positive, Best Parent '12 Staff Member National Champion

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    The idea makes some sense but it's the sign of gyms that are ensure of their image and the service they provide. I would be very leary of going into one of these contracts. A penalty for leaving without cause makes sense as it costs time and energy to replace an athlete's mid season, but there should be a protection to you as a customer if the gym is negligent or at fault.

    Ask yourself this: are you willing to sign a contract that is completely one-sided about anything else that inolves the safety, emotional and physical development, and training of your child?
     
  4. Emily

    Emily International Cheer Correspondent Staff Member National Champion

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    While some of these contracts may not be enforceable, there are definitely gym owners that won at court with those contracts. It depends on how their contract was set up and how "waterproof" it is.
     
  5. Pebbles49

    Pebbles49 Slow your roll, Sparkle.

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    I just remembered, I recalled watching several TV court cases, 3 separate cases on Judge Judy concerned similar upfront full payment contracts - 2 cases had dance studios suing for full payments because of contractss signed and I think, was a gym wanting parents to pay for future services. All 3 cases, Judge Judy denied these claims and told the litigants that they could not charge for future services, but gave studiios and gyms only 3 months tuition fee/payments only, which would be similar to what a rental would have to pay a landlord, if they leave an apartment without notice.

    I imagine this should be the case for gyms too. I believe the gym must show proof that they suffered that much monetarily by you not honoring their contract. So, if you back out early enough, I don't think a gym will benefit anything by taking you to court and made lose money themselves. Particularly, if you backed out of this lopsided contract in the 1st month...
     
  6. SharkDad

    SharkDad Most Positive, Best Parent '12 Staff Member National Champion

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    I also have known parents to get out of the contract by saying the gym breached the contract for not providing advertised services.

    It sucks to have to go through this fight over the welfare of your child.
     
  7. Mom2Cheergirls

    Mom2Cheergirls I have my own cheer message board

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    Okay my BIG concern is that they keep calling you to come and sign this contract. To me that means they are desperate for money and people. I can not imagine a gym doing that for any good reason unless your child has already been there for a month and you have not signed which doe snot sound like the case. I would tread VERY carefully with this.
     
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  8. OneIntenseMama

    OneIntenseMama I nugget in the back

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    I personally haven't signed a contract for the last 4 years and I will never sign one again. Especially one that is demanding so much I would let your lawyer friend look at it and cross things out you don't agree with.

    Cheer Dad, your signature cracked me up!! I love it
     
  9. SharkDad

    SharkDad Most Positive, Best Parent '12 Staff Member National Champion

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    This sounds like great advice to all. Gyms will get pushy and make you commit everything up front when you haven't had the chance to really see all their services.
     
  10. AngelsMum24

    AngelsMum24 Best Flyer.. on a parent team

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    Level 1 is Level 1 regardless of the age division in front of it.
     
  11. AngelsMum24

    AngelsMum24 Best Flyer.. on a parent team

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    We do not refund fees and if you quit after signing the contract we do have a rechoreography fee you are responsible for. We also have a 30 day written notice required. If you send it to me on the 5th of August, you're still on the hook for September Tuition which is due on the 1st. Exceptions to the rechoreography fee are limited, i.e. military orders showing a PCS...however the 30 days notice still stands.
     
  12. AngelsMum24

    AngelsMum24 Best Flyer.. on a parent team

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    Depends on the contract. I know a few gyms who win consistently in small claims.
     
  13. Cheer Dad

    Cheer Dad Slow your roll, Sparkle.

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    Very true which is my point as is everyone else.


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  14. Lunasky

    Lunasky I'm new. Don't Hurt Me

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    she will not be on level one..

    she is learning level 3 skills right now.

    so the first gym is saying level 2 or 3, but they will make final determination after the summer. The second gym said youth level 2 and we're waiting to try out for the other.

    I do not want her on a level 1 or even a level 2 team, when she is doing privates weekly to gain new skills. I dont want her to have wasted talent and skills. I hope I make sense. I want her to be on a really competitive team with the appropriate skill level.
     
    Last edited: May 23, 2016
  15. MomMomMamaMom

    MomMomMamaMom I'm an announcer on CBS for Worlds (or should be)

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    Yeah, I can see how that is fair, given that the rechoreography fee isn't exorbitant. But, if I have to pay September tuition then I expect that it is my right ( if I choose) to be coached in September. And if part of my tuition is going towards comp fees that month, then I should also be admitted to the comp if I choose. I totally understand that when people quit, the gym has the right to make themselves whole again. I'm just against charging for services that aren't used.