Legal Question in Business Law in California

In Aug 2010 I had joined a martial arts dojo that required a year contract and had continued to go there until in nov some time I hurt my should and had seen my doctor at the VA (Veteran hospital) who informed me that I had stretched my ac joint and I need to rest it. The instructor tells me to keep coming back and then in Jan 2010 I was snow skiing and while using the poles to thrust forward on the slopes, my shoulder dislocated. I told the instructor at the dojo about it and that I need to take a break and went back to the hospital who told me to stop the martial arts class if I don�t want a shoulder that always falls out. After informing the instructor he charged me 10 days earlier than normal for a month that I was unable to attend a single day of (Jan 2010). I had to have my bank put a stop payment on it. He then harassed me for months until I told him I would come back in Aug 2010 and finish. Then in Jul my shoulder fell out again while swimming. I called him and told him I couldn�t come back yet. Then in sept without any notice he charged me for another month when I haven�t been to the class since Dec 2009. I called him and was very upset and asked him not to charge me anymore. He then told me to come see him at the dojo and again he wasn�t there (just like the first time when he had me come see him in Jan 2010) I had to wait for 25 min and called him twice while waiting and he wouldn�t answer my calls and then finally his wife showed up and told me they would stop the charges. Then the same night 9 Sep 2010 he calls me and tells me he wants me to singe my getting out of contract, contract. I told him I don�t want to put my name on anything else and he told me my doctors note doesn�t mean shit and went on to call me a pussy and harass me more. I would really like to know what my rights are because he has threatened to send me to collections. Thank you.

Asked on 9/09/10, 2:11 am

3 Answers from Attorneys

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Unless your contract provided that you could cancel if you became physically incapable of completing the classes, you are liable for a year of payments. He is right in his scatological statement of the meaning of your doctor's note. From a legal standpoint it is extremely generous of him to allow you to postpone the classes, and then let you out. Since you rejected that offer, he is now free to send you to collections.

Answered on 9/14/10, 7:07 am

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Joe Marman Law Office of Joseph Marman

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You could sue him in small claims court due to impossibility of the contract now being performed, that is outside of your control. No guarantee that you would win though.

Answered on 9/14/10, 8:23 am

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