Legal Question in Business Law in California

Legal Refund Policy

A former fitness client of mine paid

several hundred dollars for a 6 week

group fitness program that she never

attended. The contract that she

signed has a 3 day refund policy.

Several weeks later she asked for a

refund. I emailed her and offered

her several other solutions, but

ultimately I offered her a refund.

This offer was made via email. It is

now 6 months later and I have not

had the funds to refund her. She is

threatening legal action in small

claims court. Does she have a case?

I still have the contract with her

signature.


Asked on 9/12/07, 6:49 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Legal Refund Policy

Irrespective of policy, I'd say your written (e-mail is a writing) refund offer would govern, and the former client has a pretty good case.

An accepted offer to settle a contract dispute is usually enforceable as a new contract. There is an exception when the old contract is fully performed by both sides except for the payment of a sum of money, but your situation does not seem to fall within that exception.

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Answered on 9/13/07, 12:11 pm


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