If the contract states that it can be canceled if you move 25 miles or more from the location, then once you do that, you write a letter of cancellation including the documents showing your move - that would include any copies of utility bills and/or a lease, etc. State that you have moved and according to the terms of the contract, you are canceling. Demand any monies paid be immediately refunded. State that if you do not get that refund within 7 days from receipt of the letter, you will have no other choice but to file in small claims court. Mail the letter certified with a return receipt requested.
If you do not get the refund after the letter was received, I suggest you then file that small claims lawsuit
Yes, but we are NOT moving away- much less to 25 miles away- That's the case.
My child does not want to go anymore- he is 5.
Can the school lock us in still for 3 years, even if the child refuses to go.
Can't I write a letter simply stating that my child does not want to go anymore- to have it cancelled?
Unfortunately, YOU have entered into a legally binding contract. So you need to follow any terms of cancellation. I understand your son is 5, but he has not entered into the contract, you see?
You certainly can write a letter but they do not need to let you out of the contract. Read it. See if there is something that might allow a certain portion be returned if cancellation without cause. Maybe there is another provision in there, for instance, if you have medical documentation showing it is not good for your son's health, etc. Can you get a doctor to do that for you?
Just one more thing directly related to what you said:
I've heard about a recent federal law saying thea no fitness center or martial arts studio has the right to keep your membership, if you don't want anymore. B/c after signing the contract, people saw bad services in these centers. Can't this law be aplied towards us?
"...Recently a major fitness club lost a class action law suit in Federal Court by trying to "not allow" clients to cancel membership. "...
I am familiar with laws that prohibit fitness clubs from collecting beyond 3 months of membership on any contract. But I am not familiar with it being applied to a martial art or other type of activity.
However, you can check with the Attorney General in your state and see if there is any law that pertains to the martial arts that would preclude them from collection in advance or if the provisions of their contract are not in sync with law in that regard. The AG cannot give you legal advice or represent you, but they can tell you if that law pertains to marital arts or say ballet or other type of activity of this nature
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