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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 3917
Experience:  30 years of experience
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I live in AZ. I agreed via a text message to use a "fitness

Customer Question

Hello, I live in AZ. I agreed via a text message to use a "fitness trainer/coach" for 2 months at a rate of $300 per month. I was under the impression that she would meet me in the gym at least once a week. One of the weeks I was out of town, but we are at 3 weeks and she still has not met me in the gym. She created a meal plan for me which she was late on delivering by 5 days, and she emailed me a workout program and recipe book. I have not signed a contract and I have an invoice that says I paid $300, but that in a week I owe her another $300. Can I legally discontinue services? There are no terms or conditions other than the text staring $3000000 for 2 months.
Submitted: 2 years ago.
Category: Legal
Expert:  Gerald, Esq replied 2 years ago.
Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.
I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.
The short answer is YES. You can terminate this arrangement by providing notice to the trainer that you are terminating the arrangement. The best way to do this is through a writing in which you have a record of the communication being received and a copy of the communication. That is by email, text, or letter sent by FedEx or certified mail.
If you have a dispute about moneys owed this would also be the time to raise those issues. Specifically, you should state that she has not rendered the services that you had agreed to because she has not met you at the gym to teach you the proper exercises.
I hope the information I have provided is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.
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Good luck.
Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.
Customer: replied 2 years ago.
I have read online that a text message can act as a verbal agreement. I do not want to get sued and end up paying for her court costs if she wins based on the text message.
Expert:  Gerald, Esq replied 2 years ago.
Thank you for the excellent follow up question.
Yes, the arrangement that you have does meet the elements of a contract under Arizona law. However, because she has not delivered on the agreement as you understood it, she also is in breach of the arrangement. This gives you grounds to terminate the agreement. But you must do so in writing.
The amount of money involved is small, so any suit will be in small claims court. (No attorneys are involved.) It is up to you whether to pay her the additional three hundred dollars now or dispute her version of events. Court costs in small claims court, including service costs are approximately $200.00. Call your local magisterial court clerk and ask them what the costs are for filing a breach of contract claim. Then you will have all the information you need to decide to take the risk and fight her or pay her now.
Based on your description of the arrangement it seems you have grounds. But only you can decide what is best for you.
I hope this additional information is helpful to you.
(Please do not forget to rate me. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)
Kind regards,
Expert:  Gerald, Esq replied 2 years ago.
In fact you likely have a claim for a refund of the $300.00 you have already paid. Based on your description the only service she has provided is the meal plan.
If she were to sue (unlikely given the costs to her) you could file a counterclaim.
Again, you have to decide what is best for you.
Good luck.
Kind regards,