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I have a PT course contract with onfit trainin college. I've…

Customer Question
Hi. I have a...

Hi. I have a PT course contract with onfit trainin college. I've paid half but are unable to complete te course due to injury. Is there a way to get out of it?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

QLD

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No thanks

Submitted: 7 months ago.Category: Australia Law
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Answered in 5 minutes by:
12/12/2017
Solicitor: Leon, Solicitor replied 7 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,716
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question today. I may ask a few questions. I can call you for an extra fee.

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Customer reply replied 7 months ago
No call. Thanks
Solicitor: Leon, Solicitor replied 7 months ago

Good Afternoon

What does the course contract say about you terminating before the end?

You are bound by the contract and its terms.

If you wish I can have a look at it but need you to email it to me.

the email address is***@******.*** and mark it to my attention.

Generally you will not be able to terminate unless the contract allows it. You can discuss it with the college and if both of you agree to terminate and you get some money back the contract can be amended that way.

Alternatively you can discuss it with the college and see if they will allow you to continue when you are able to after the injury has healed.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. I am happy for you to ask further questions on anything you wish more detail on.

Regards

Leon

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Customer reply replied 7 months ago
I want a way to get out of the contract. Not to get a refund. Just to not pay anymore, regardless of what the contract said.
Customer reply replied 7 months ago
That was just a cut and paste answer. Not worth $80
Solicitor: Leon, Solicitor replied 7 months ago

Good Afternoon

The contract you have sent me has no terms and conditions

Also you have made it public.

How long is the course for and have you paid the full fees?

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Customer reply replied 7 months ago
I have paid half the fees. The course is ) months long
Customer reply replied 7 months ago
6 months
Solicitor: Leon, Solicitor replied 7 months ago

What you have sent me makes no mention of termination and it appears the terms and conditions are set out in the student handbook.

As I mentioned earlier you have to speak to the college and get an agreement with them.

You will need to provide them with medical evidence of the injury confirming you cannot complete.

If there is nothing in the handbook allowing you to terminate and it is only the college that has the rights and they demand full payment, which you have agreed to according to what you have sent, you may have an action for unfair contract terms.

You would take them to QCAT and seek the contract be terminated for being unfair and you not have to pay anymore.

Also part 10 on page 4 says withdrawals are not possible after orientation.

Look at the student handbook and if that says the same thing then you have to go to court.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. I am happy for you to ask further questions on anything you wish more detail on.

Regards

Leon

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Customer reply replied 7 months ago
Ok thanks
Solicitor: Leon, Solicitor replied 7 months ago

Good Afternoon

You are welcome

Please do not forget to rate my work 5 stars so I can be paid.

Regards

Leon

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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