Can a gym owner/coach expect payment if he removes your child from a program without cause?

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Can a gym owner/coach expect payment if he removes your child from a program without cause?

Child at a competitive cheer gym, owner/coach replaced her, now saying we have to pay for competitions she never attended (but another child was put in her place). Are we required to pay for something never received. My daughter was on a competitive cheer team kinda like gymnastics we were on vacation and went to another gym in another state for her to tumble. Her coach “found out” called me and told me not to bring her to practice. Now the gym is expecting me to pay for things she never received. Can they do this?

Asked on April 3, 2012 under Bankruptcy Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If a vendor or service provider--like a cheer gym--refuses to provide you services or terminates your contract without cause, they may not charge you for anything past the point at which you were denied service or terminated. The law does not let them refuse to grant you service but take your money. Indeed, if you did not violate any terms or obligations under the service agreement  or contract but the gym still kicked your daughter out, they (not you) were in breach of contract, and you could potentially sue them for any losses you incurred.

Only if the service agreement had some clause barring your daughter from training at another gym or stating that membership could be terminated for cause for so doing, would the gym seem to be justified in cuting her from the program while still expecting payment.


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