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legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 7454
Experience:  Just Answer consultant at Self employed
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I signed my daughter to taekwondo in January 2014. I tried

Customer Question

I signed my daughter to taekwondo in January 2014. I tried to cancel this membership last March and I was told that this school doesn't have early cancellation until I finished with the contract. I did not know that it was for 2 years. But looking at the agreement, it did not say anything that I can't cancel it and the instructor said that if I want to cancel it, I have to pay $800, this is half of the cost for the remainder of the contract that ends May 2017. What should I do?
JA: Issues like this can be complex. Fortunately, the attorneys we work with have a lot of experience in education law and it would be my pleasure to match you with the one who's the best fit.
Customer: When do I get an answer
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: Like what. I had to pay her $800 so that the school would stop taking monthly payment out of my bank card
JA: When we are ready I'll take you to the appropriate web page.
Customer: Ok. Thank you
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Legal
Expert:  legalgems replied 5 months ago.

What state is this in regards ***** *****?

Customer: replied 5 months ago.
Henderson NV
Customer: replied 5 months ago.
Would you send me the answers to my email please
Expert:  legalgems replied 5 months ago.

I'm sorry I did not see your reply as I was researching this; I don't have your personal information as I am an individual contributor but the site will email you a link to this page.

The statutes do not provide protection to a consumer that wishes to cancel in the middle of the contract unless there is a reason (ie permanent disability). If a party breaches a contract (ie non payment) then the other party can sue for full recovery under the terms of the contract. If the studio is agreeing to a liquidation clause, then that should be in writing so that they cannot continue to collect under the contract. The statutes are not very consumer friendly, as they do not state that the cancellation policy must be in the contract.

All relevant statutes are below.

Further questions? Please post here to continue the chat.

The statute does not provide for any consumer protection in the event of the consumer wishing to cancel.

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(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

NRS 598.9415  “Health club” defined.  “Health club” means any enterprise which offers the use of its facilities for the maintenance or development of physical fitness or the control of weight, except:

1.  A nonprofit public or private school, college or university;

2.  The State or any political subdivision; or

3.  A nonprofit religious or ethnic organization or a nonprofit organization for the benefit of the community or its members.

NRS 598.948  Requirements for contract between buyer and dance studio or health club. [Effective through June 30, 2017.]  Each contract between the buyer and the dance studio or health club must:

1.  Be in writing, legible and have all spaces filled in before the buyer signs it;

2.  Be in the language in which the sales presentation was given;

3.  Contain the addresses of the buyer and the studio or club;

4.  Be given to the buyer when he or she signs it;

5.  Specify the term of membership of the buyer, which must not be measured by the life of the buyer;

6.  Clearly specify the right of the buyer to cancel the contract pursuant to NRS 598.950;

7.  Not contain a clause by which the contract is automatically renewed; and

8.  Specify the number of lessons and the cost of each lesson, if the contract is for dance lessons.

(Added to NRS by 1989, 2039; A 1993, 1964; 1997, 3201; 2009, 2722; 2011, 2652; 2013, 1054; 2015, 3653)

NRS 598.948  Requirements for contract between buyer and dance studio or health club. [Effective July 1, 2017.]  Each contract between the buyer and the dance studio or health club must:

1.  Be in writing, legible and have all spaces filled in before the buyer signs it;

2.  Be in the language in which the sales presentation was given;

3.  Contain the addresses of the buyer and the studio or club;

4.  Be given to the buyer when he or she signs it;

5.  Disclose whether security has been obtained and deposited with the Division pursuant to NRS 598.726;

6.  Specify the term of membership of the buyer, which must not be measured by the life of the buyer;

7.  Clearly specify the right of the buyer to cancel the contract pursuant to NRS 598.950;

8.  Not contain a clause by which the contract is automatically renewed; and

9.  Specify the number of lessons and the cost of each lesson, if the contract is for dance lessons.

(Added to NRS by 1989, 2039; A 1993, 1964; 1997, 3201; 2009, 2722; 2011, 2652; 2013, 1054; 2015, 3653, effective July 1, 2017)

NRS 598.950  Cancellation of contract by buyer; notice required.  A buyer may cancel a contract for dance lessons, the use of facilities or other services from a dance studio or health club within 3 business days after he or she receives a copy of the contract by notifying the studio or club in writing. The notice must be delivered in person or by mail postmarked by midnight of the third business day. The studio or club shall return all money paid by the buyer within 15 days after it receives the notice of cancellation.

(Added to NRS by 1989, 2040; A 1993, 1965)

NRS 598.952  False or misleading representations by dance studio or health club prohibited; effect on contract.  A dance studio or health club shall not make any false or misleading representation to the buyer or in its advertising. A contract for services from a dance studio or health club is void and unenforceable if any false or misleading representation was made to the buyer.

(Added to NRS by 1989, 2040; A 1993, 1965)

NRS 598.954  Rights of buyer who becomes disabled during term of contract.  If a buyer becomes disabled during the term of a contract, and a physician confirms in writing to the dance studio or health club that:

1.  The buyer is not physically able to use the facilities of the studio or club; and

2.  The disability will continue for more than 3 months,

Ê the buyer is entitled to suspend the contract for the duration of the disability. After he or she recovers, he or she is entitled to an extension of the contract for a period equal to the time of the disability. If he or she is permanently disabled, he or she may cancel the contract and receive a refund pro rata of the amount paid pursuant to it.

(Added to NRS by 1989, 2040; A 1993, 1965)

NRS 598.956  Rights of buyer upon closure of dance studio or health club; election of remedies.

1.  If a dance studio or health club is closed for more than 1 month, through no fault of the buyer, he or she is entitled to:

(a) Extend the contract for a period equal to the time the studio or club is closed; or

(b) Receive a refund pro rata of the amount paid pursuant to the contract.

2.  If the dance studio or health club is closed without fault of its owner or management, the election of remedies under subsection 1 must be made by the studio or club. If the studio or club is closed because of the fault of its owner or management, the election must be made by the buyer.

(Added to NRS by 1989, 2040; A 1993, 1965)

NRS 598.958  Rights of buyer when dance studio or health club transfers its obligations or moves its place of business.

1.  If a dance studio or health club transfers its obligations to provide goods or services to a buyer to another studio or club that provides substantially fewer goods or services, the buyer may consent to the transfer in writing after a full disclosure of the goods and services provided by the new studio or club. If the buyer does not consent, his or her contract is rescinded and he or she must be given a refund pro rata upon the amount of time he or she was a member of the dance studio or health club.

2.  If a dance studio or health club moves its place of business that is geographically closest to the residence of the buyer as set forth in the contract, more than 20 miles farther away from the residence of the buyer than it was when the contract for services was signed, the buyer may rescind the contract and the dance studio or health club shall provide a refund pro rata based upon the amount of time he or she was a member.

(Added to NRS by 1989, 2040; A 1993, 1965)

Expert:  legalgems replied 5 months ago.

Checking in on the above;

thank you for using Just Answer.