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Lawmoe
Lawmoe, Lawyer (JD)
Category: Legal
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Experience:  Lawyer with 19 years of litigation experience in state and federal court systems.
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Please tell me how I can use the info I received for the personal

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Please tell me how I can use the info I received for the personal training answer I just received from Lawmoe? If I cannot use that answer as legal advice and still need to contact a lawyer, how does this site help me in my situation?
Submitted: 4 years ago.
Category: Legal
Expert:  Lawmoe replied 4 years ago.

What are you seeking additionally?

 

WIthout a review of your contract, any specificity is difficult. However, a simple letter stating simply that you are terminating the contract would be sufficient with a refund of any monies not earned. Always retain a copy. If the person inquires further, you should carefully and accurately detail the reasons without dissemination to anyone else.

 

Often the best course is to seek a mutual agreement to terminate the contract by stating that it is not working out and she may be better served with another trainer.

 

By the way, no need to relist. I am happy to follow up

 

 



Edited by Lawmoe on 2/27/2010 at 6:02 AM EST
Lawmoe, Lawyer (JD)
Category: Legal
Satisfied Customers: 2415
Experience: Lawyer with 19 years of litigation experience in state and federal court systems.
Lawmoe and 13 other Legal Specialists are ready to help you
Expert:  Lawmoe replied 4 years ago.
I would also point out that one of the best ways to prevent claims is communication and respectfully, XXXXX XXXXX seeking a mutual accord to terminate. Often, when a person feels vilified that is when they feel the need t strike back. In many cases, a bad client can be made a good client or a neutral client simply by communication. Do not get riled. Do not point blame. Just indicate it is not working.
Customer: replied 4 years ago.

The contract reads like this:

 

 

This program was designed by me, Tressa Fannie Williams and helped me lose weight. Your weight loss is guaranteed if you follow this regimen. You are required to check in with me daily for the 1st 2 weeks via phone, email, or text message to notify me of your progress, concerns, or challenges. After 2 weeks, you can still check in with me daily if you choose. I will contact you throughout these 12 weeks to measure your progress. It is required that we meet on a weekly basis for 12 weeks for you to weigh in and monthly for me to take your measurements. You will be given 2 cancellations to use at your discretion. 3 or more cancellations count against your scheduled personal workout sessions with me.

I, Tressa Fannie Williams assume no responsibility for any injury you may incur during this program. Please consult with your doctor to address any concerns regarding participating in this or any fitness program.

By signing this document, you agree that you will follow this program for 12 weeks for maximum results.

 

On February 12, 2010, due to the amount of cancellations, I had to implement a cancellation policy and I did so via email. It read this way:

 

Good Morning!

 

Going forward, any cancellations for your scheduled workouts will count as 1 of your workouts. Before this goes into effect, I am giving you 1 additional cancellation that you can use at your discretion.

 

For informational purposes, if you are giving information about the program to possible newcomers, they will be allotted 2 cancellations before being counted towards their workouts.

 

Additionally, I appreciate the referrals for new people- THANK YOU. The 3 additional workouts you receive as a result of referring people that sign up will be capped at 6 free workouts. This means after 2 referrals, you will not receive any additional free workouts. But don't let that stop you from referring please. :-)

 

I will be unavailable during the week of March 27, 2010 thru April 4, 2010 for vacation.

 

Please let me know if you have any questions or concerns.

 

Much Love,

Fannie

 

Via email, I granted her 2 cancellations because she was having some issues with the cancellation policy. She has cancelled 6 times. She has 6 workouts remaining from referrals she made and 6 workouts from her regular scheduled sessions with me.

Expert:  Lawmoe replied 4 years ago.

First, just on a review of contracts, it is always a bad idea to make a guarantee of weight loss. I would suggest language that states, people have lost weight with this regimen, but that results may always differ.

 

Second I would include language that requires the person to inform you of any disabilities or limitations in writing. As a person with a replaced hip, that can create potential liabilities and problems if not informed.

 

Third, any concerns related in check ins should be memorialized by you in writing. if possible, have the client sign off. Create a form for that purpose and your records.

 

Fourth, you may wish to include a time frame for cancellations - how long in advance of the appointment before it is considered an invalid cancellation. You have a schedule to keep.

 

Fifth, I would change the language about injury. You will use your discretion in workouts but it is up to the client to tell you when they experience significant discomfort and that they waive any liability with respect to injuries incurred in the ordinary course of a work out.

 

Sixth, you may wish to indicate the fee is non-refundable unless otherwise modified by agreement of the parties in writing.

 

PLEASE CLICK ACCEPT BELOW

Customer: replied 4 years ago.
Thank you for the advice. With that said, would it be safe to cancel her with the information I just provided you with?
Expert:  Lawmoe replied 4 years ago.

I believe the first step is to reach an accord and memorialize it in writing. You would say, it is not working and every trainer has their own personal style. You may be better served with someone who you connect with in that regard. The termination agreement then may consist of a waiver of liability of any claims in order to refund unpaid fees.

 

If that fails, you can terminate in writing by pointing out the portions of the contract you feel were breached. In fact, now that I think about it, you may wish to add language to the contract that allows you to terminate the contract at any time if you feel the program is not working or additional services are no longer possible (new job, change in careers) and refund any unused fees. Make it one sided and in your favor.

 

 

Lawmoe, Lawyer (JD)
Category: Legal
Satisfied Customers: 2415
Experience: Lawyer with 19 years of litigation experience in state and federal court systems.
Lawmoe and 13 other Legal Specialists are ready to help you

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