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New Castle Mixed Martial Arts - Brazillian Jiu Jitsu Westgate Plaza 16101 Complaint - Do Not Sign Their Contract Even If He Verbally Tells You Otherwise

Review by morose on 2010-05-18
NEW CASTLE, PENNSYLVANIA -- I signed my child up for brazillian jiu jitsu in westgate plaza union twp new castle. Before I signed the contract for them to take money from my account I asked if he decides this isn't for him, I just let him know and they stop taking from myh account right? Double chbecking before you offer your signature doesn't work at this place. I was told.....oh no no no that wouldn't happen if he quits we don't take money out anyymore. Funny that this teacher md doesn't remember this conversation. We signed him up at thr end of October - paid cash for that month then he went all the way through November and decided he didn't want to go anymore. We called the teacher on December 6th to cancel. The next pmt wasn t due until the 20th is when it came out every month. He said oh ok well have him come one more tim and see if he really wants to..so we tried to get him to go, but he didn't want to (for good reasons - explained after the money part). So we calledx back a few days later, and explained that he still wants to quit. So he sounded understanding, said he wasn't sure if it was enough time to let the finance company know (umm 11 days wasn't enough?) Buit with the busyness of xmas we just said ok that's fine....if it came out we figured he would call us or mail a check to us. Especially since my child took class for a little bit over a month and a half end of October to December 6th when we called, so really his last class was before that day.

Well the money came out in dec, then January came around, I had completely forgotten that he owed us this money 65 dollars a month btw. January 20th, money came out again, he had NOT called and cancelled. When I called and asked him about refunding this money and for December, he was very rude to me. Told me that December he won't refund, January he will, I cannot begin to tell you the way this illegedly professional teacher tratewd me. And he is around kids all day? I was disgusted. He told me that I should have forced my kid tgo stay on and that I signed a year contract and he doesn't have to cancel it. I brought up the verbal agreement before signing it that he reassured me...miraculously he didn't remember that. There was even another girl sitting there when we had that conversation.

Well the battle went on for months after this, I had to battle him through my bank and had to call the finance company myself who were a lot more friendly and pleasant to deal with. I am surprised he is still in business. Over 65 dollars. Unreal. I hbave been reimbursed all of my money except for Decembers 65 dollar payment. We paid him for three months and went a little over one month. Id like to know how he has a clear conscience over this?

There were about three groups of students in this school at the class where my child was taking. There were the very active, atheletic kids (the teacher taught them). Then there where the little kids, along with the girls (another teacher/helper had them) and then there were the odd balls...the kids that were tall and lanky, uncoordinated maybe, overweight, or just not as good as the athletic kids (an older student taught them). So we paid 65 a month for a 16 yr old kid to show our child how to do certain things while the teacher (whom we thought our child would get attention from- since that's who we were paying for services) was working and paying attention to his athletic stars.

There was a student ther who was obviously from a smoking home, my child has asthma, he was always was paired up with him and every single night that he had class he would be up all night wheezing and coughing and we had to give him a breathing treatment. He enjoyed the class and this was his on ly complaint. When we offered to talk to the teacher about it and see if he could be paired with another student he refused. He said he didn't want to make that kid feel bad cause he can't help his family smokes and he didn't want anyone to be mad at him at the school. We explained that THAT would never happen. He can't help he has asthma, still he refused, he just wanted to quit and work out at home and do a different sport.

We never told the teacher why he wanted to quit, but my guess is that he wouldn't have cared, especially since he was inclined to accept another months tuition when my child wasn't even there. I am blown away at this. Less than two months at a class and we paid for three, how can anyone feel ok about doing that to someone? How can you run a business like that and expect tob have good word of mouth. Well, I feel like I got the short end of the deal and until I get my 65 dollars back, this word of mouth will tell the truth and the truth hurts in this case. 65 dollars may seem petty to some, but with three kids, working and struggling to pay bills and put food on the table, we try to give our kids what they want and every oppurtunity and door dhould be open to them too. Its the principle of it. This was wrong and I am sorry that I signed that paper, I will "NEVER" let someone have access to my bank account again. Lesson learned.
Comments:5 Replies - Latest reply on 2010-05-20
Posted by bargod on 2010-05-18:
The guy definitely sounds unprofessional, nonetheless you were extremely lucky to get any money back at all. You did sign a one year contract and were obligated to fullfill that regardless whether you kid attended or not. I have taken karate and have signed a one year contract. I am well aware that not attending I still have to pay for the year.
Also just curious why you would sign up your kid who has asthma to a very physical sport like jujitsu?
Posted by Starlord on 2010-05-18:
There is a concept in contract law, referred to as the four corner concept. If it is not within the four corners of the paper the contract is written on, it does not exist. When there is a contract, which is an agreement reduced to writing, then no verbal changes have any effect. To be of legal standing, any differences or changes have to be signed by both parties and attached as a codicil to the original contract. Nothing, and I mean absolutely nothing a salesman says to you is of any legal standing and is just BS. What is controlling in the situtation is what is contained within the four corners of the contract.
Posted by morose on 2010-05-20:
Thank you for your posts. I signed my son up because his asthma is only due to allergies and not physical activities. His physician assured us that any sport is a wonderful thing for a young child. He only has asthma reactions with pollen, smoke, and other air travelling irritants. The four corners makes sense, I will from this point on have it in writing and attached to this or written within a contract anything agreed upon verbally in the future.

Yes he was very unprofessional about it. I appreciate your feedback. Thank you.
Posted by jktshff1 on 2010-05-20:
Starlord, that's got to be one of the best explanations I've seen on the forum.
Posted by Starlord on 2010-05-20:
I really cannot take credit for it. I watch all the court shows on TV, and I have heard Judy Scheindlin give this explanation a number of times in contract dispute cases where the plaintiff alleges the salesperson has told them one thing, when the written contract states something else. Never, ever go by what someone says. If it isn't in the contract, it really doesn't exist. I am not a lawyer and I can't give legal advice, but giving a possible friend a heads up is just the right thing to do.

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