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TexLaw, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Lured to sign 3 year martial arts contract for me and son.

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Lured to sign 3 year martial arts contract for me and son. Any provisions to cancel under Virginia law? Thanks. Skipper

Zachary D. Norris :


Zachary D. Norris :

Tell me about the circumstances under which you signed the contract please.

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Customer: replied 5 years ago.

Hi, Zack:


I had an email issue. So, here I am following up.

I went today with my son for the first test lesson (introductory); after the lesson the instructor took us in the office and explained different contracts; however there was not the same talk we got from the master (owner) a week ago, in terms of payment methods and options; cancellation policies were vaguely presented, I did not have my prescription glasses with me, and signed still excited and dizzy from the first lesson for 3 years both of us

In Virginia, the only consumer contracts which a consumer may cancel because the consumer changes his mind are contracts which are entered into while you are at your home or place of work (and are visited by a trader/business person soliciting consumers) unless you invited the trader/business person to your home or place of business to discuss the potential contract.

This unfortunately doesn't apply to your situation. The only thing you can do is send written notice that you are terminating the contract because you were fraudulently induced into entering the contract in the first place and that you deny any damages have been incurred by the martial arts studio. Its then in the martial arts studio's hands to either take you to court and try to prove a case against you. The contract may have a provision which talks about early cancellation. You should review it carefully to see what it says. If there is a way that the contract provides to terminate the contract early, you should follow that provision unless you think it is simply unconscionable. If it is unconscionable, then I suggest simply sending the letter of termination and refusing to pay.

Let me know if this answers your questions.

Best Regard,
Zachary D. Norris
Customer: replied 5 years ago.
I did not stipulated a method of payment on the contract, account # and all that yet. Will this help me if we go to court?
No. If the contract fails to specify the exact amount due, or provide some sort of way of calculating the amount that will be due, then you can state that there was not actually an agreement because the contract is not specific enough. Your best bet will be a fraudulent inducement argument that the terms that were offered by the master were not exactly what is stated in the contract, and so you were misled
Customer: replied 5 years ago.
Zack, I already accepted the first answer, in which you were requesting more information, and a payment and bonus was credited; I guess that I do not have to accept this one, since I already paid once, right?
That's right. Thanks for accepting and thanks for the feed back. Good luck with your situation.