Getting Out Of An All Star Contract?

[SL&AM]

Truthfully, I will never sign any contract that you promise to paid all services upfront. I believe this is illegal and NO contract should be that long term,, I can see, paying 1 month, possibly 2 months given notice, but a full year, HECK NO!

PS: Any contract can be broken within the window of 72 business hours, though...

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.

 

[Cheer Dad]

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.


**Slip n Slide. Official sponsor of Worlds 2016**

 

[SharkDad]

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?

 

[Emily]

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.


**Slip n Slide. Official sponsor of Worlds 2016**

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.

 

[Pebbles49]

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...

 

[SharkDad]

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.

 

[Mom2Cheergirls]

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.

 

[OneIntenseMama]

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.

**Slip n Slide. Official sponsor of Worlds 2016**

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

 

[SharkDad]

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.

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.

 

[AngelsMum24]

You're right.. hmm. I definitely don't want that reputation and don't want to create bad blood. The problem is I told the gym owner that we would be there tonight to sign the contract - only because they kept calling us and emailing to see if we were still coming.. We also tried out for one of the 2 other gyms and was told which level she would be on, but they're not sure if it would be youth or junior.

changing gyms is so hard.

I guess worse comes to worse is that my CP will do this season with this gym and if we don't like it then we leave and stay put wherever we go until the end of her cheer career.

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

 

[AngelsMum24]

I've been at a gym that had a contract like that, though I felt uneasy as I signed it. I totally understand not refunding any fees, and maybe even comp fees... paid prior to departure, but it is dumb to me that they would charge tuition if someone left. I've always wondered if a parent could insist that their CPS spot not be filled if they left since they paid for it. I prefer buy out fees, they make more sense to me. It covers the gyms fees/etc, but stops short of charging for services that aren't rendered.

I would not sign the contract until I knew I could honor it. Or ask them to put a rider in that you could cancel at some rate by such and such a date.

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.

 

[AngelsMum24]

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.


**Slip n Slide. Official sponsor of Worlds 2016**

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

 

[Cheer Dad]

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

Very true which is my point as is everyone else.


**Slip n Slide. Official sponsor of Worlds 2016**

 

[Lunasky]

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

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.

 

[MomMomMamaMom]

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.

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.