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Personal trainer keeps cancelling
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FidgetSpinner92
Posts: 1 Member
Hey guys,
I've paid upfront for 24 sessions with an individual personal trainer who isn't affiliated with a gym. I've been going for 5 weeks and instead of completing 10 classes I've only completed 5. He cancelled 5 times for various reasons and now I'm wondering if I can request for a refund? I think his reasons are genuine but this just isn't working for me. I'm wondering if it even works that way and if it's possible to get my money back at all. Otherwise I feel like I might ask but if he denies, I still have to train with him and that ruins our relationship too.
I've paid upfront for 24 sessions with an individual personal trainer who isn't affiliated with a gym. I've been going for 5 weeks and instead of completing 10 classes I've only completed 5. He cancelled 5 times for various reasons and now I'm wondering if I can request for a refund? I think his reasons are genuine but this just isn't working for me. I'm wondering if it even works that way and if it's possible to get my money back at all. Otherwise I feel like I might ask but if he denies, I still have to train with him and that ruins our relationship too.
1
Replies
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That's pretty bad on his part, I'd suggest talking to him first.
If he refuses, did you pay by credit card or paypal? If you did you could seek refund via credit card conpany/paypal as he is not providing the service you requested.
If it's cash you could go legal route if it's worth your time.0 -
If you have any sort of written contract with him, review that first. If you don't then you probably do have some sort of legal redress against him depending where you are, but I suspect the costs involved would possibly be far too high in relation to what you may recover. I think you first need to speak to him. Perhaps tell him you are unhappy without necessarily asking for a refund and see what his attitude is. He might be really sorry and make a genuine effort to do things properly from now on. It kind of depends on what his reason have been for cancelling, too, and how much notice of cancellation he has given you.0
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I would hope if you paid for 24 sessions up front you signed a contract. See what your contract wording says about cancelations and refunds.3
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I suggest you check the contract you signed, but talk to him first. If you aren't comfortable with confrontation write an e-mail and explain that you are unhappy with recent cancellations because it's not giving you the results you're looking for. Tell him clearly what your expectations are and that if they aren't met you'd like to discuss a refund. It could be that he will realize that he can't meet your expectations and offer the refund, or maybe he will get better at honoring his commitments to you. I doubt it would be worth it to sue him for breach of contract (even an oral agreement is could be a contract) but that will depend on where you live.3
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I would talk about your expectations for more frequent sessions, but your original post just says you paid for 24. It does not specify how long it takes to get those 24 sessions. So unless there is more detail you left out regarding timeline, you can't say the trainer has broken agreement by being slower than you want to schedule. Especially if you believe the reasons for cancelling are legit and not the trainer screwing you around.0
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How much $ are we talking about and how was it paid?
I agree that you should look to the contract if any for any right to cancel and/or refund provisions.
Absent any, it's a matter of your "word" vs his. I assume proof of the contract whether written or oral can be easily established and, assuming there is agreement that you paid for 24 sessions and now wish to cancel and get a refund for the unearned balance, the only question will be if the contract was "at will" entitling either party to cancel at anytime and for any reason
If that's the case, if you paid in cash and he refuses to give you the refund voluntarily, your only recourse would be to sue in small claims or superior ct depending on the amount in dispute to recover the $.
However, if you paid by credit card, you could avoid going to ct by filing a dispute w/your credit card company for a refund of the unearned payment. I've done this myself successfully in the past.
Good luck!1 -
I will add that even if your contract includes the terms "non-refundable", that may not mean you are out of luck. In a lot of situations, courts have held that those type of clauses are not enforceable if services are not rendered. So that he is consistently missing appointments may render the contract null and void on that. But like the others said I would try to work it out with him first.1
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