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Roger
Roger, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 31027
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I signed a contract last November for a 12 month business

Customer Question

Hello, I signed a contract last November for a 12 month business coaching program that started in January 2016. I paid a $1200 down payment when I registered, with 12 monthly payments of $667 due starting on Jan. 11. I made three payments on time (Jan-Mar) and then was not able to make any additional payments. At the end of May, I was removed from the program and my account was sent to collections in July. I've since received a letter from the collection agency for over $6000. There is a clause in the contract that reads: "Payments are due regardless of your level of participation." And another that says: "Should you fail to remit any of the required payments on time, and have not corrected the situation in a prompt manner, HeartCore Business may terminate you from the Program and you will immediately be responsible for the remaining balance of the program." My question is around this clause. I have no problem being responsible for the two payments due before I was removed from the program (April and May), but can I really be held financially responsible for six months of coaching services I did not receive? Can you advise on the best course of action? (I have not yet responded to the collection agency.) Thank you!
Submitted: 3 months ago.
Category: Consumer Protection Law
Expert:  Roger replied 3 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

Generally, you can contract to any terms that you like, and those terms are generally enforceable. That said, in a breach of contract situation, the non-breaching party has the right to be put in the same position as it would have been had the contract been completely fulfilled. So, it is possible that you could be able to avoid the entire amount, but you'd likely be entitled to the profit portion of the monthly payments.

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