If I paid a starter fee for modeling classes for my daughter but they were not given, legally do they have to give me my money back?

I was called for an audition for my daughter and they told me they wanted to represent her but that she needed acting classes. After thinking about it I said OK, so I signed a contract and paid the starter fee and waited. It’s now been months and she hasn’t started anything. I have a hard time getting the company on the phone, but when I do they say I have to talk to the woman who signed us. I have left many messages. Do they have to refund me the money I paid since they are not honoring our agreement?

Asked on July 3, 2012 under General Practice, Indiana


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can sue the company for breach of contract if it does not refund your money.  Your damages (the amount of compensation you are seeking in your lawsuit) would be the contract price (the fee you paid).  You might be able to file your lawsuit in Small Claims Court.  Your damages, in addition to the contract price, should also include court costs.  Court costs would include the court filing fee and process server fee.

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