If a personal fitness client bought 30 sessions and is unhappy because she is not losing weight fast enough, am I required to refund her?

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If a personal fitness client bought 30 sessions and is unhappy because she is not losing weight fast enough, am I required to refund her?

Refunf for the sessions that have not been used.

Asked on November 14, 2011 under Business Law, Massachusetts

Answers:

Henry Lebensbaum / Law Office of Henry Lebensbaum

Answered 9 years ago | Contributor

It is the agreement between the two that controls.  If you want to be nice, refund the remainer of her contribution.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You would only be required to refund her for the unused portions if your terms of service or sale--i.e. the terms in place when you bought these sessions--provided for a right of refund. Refunds are not mandated under the law (at least as long as you providing the service which was purchased), even if the client or customer is dissatisfied; they are only required if the business has adopted a refund policy.

That's the legal answer. Speaking as a small business person as a well as an attorney, consider whether the potential bad word of mouth from a dissatisfied customer who would feel you are taking advantage of her is worth whatever amount of money you'd gain by keeping the balance of her payment.


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