Legal Question in Business Law in New York
Martial arts contract
I am in a 3 year contract with a local martial arts school and I would like out. I have no substial defense against a contract breach. Are there any options in terms of an ''out'' for me? I want to contact a lawyer, but also would like to make sure that the contract can be destroyed.
2 Answers from Attorneys
Re: Martial arts contract
There are some very good consumer protection laws in New York that might help you get out of your contract. Specifically, the club is likely required to provide, in your contract, notice of your rights under the law. If it failed to do that, it cannot enforce the contract.
If you fax me a copy of the contract, I'd be happy to give you more complete advice, free of charge.
Jay Edelson, Esq.
Re: Martial arts contract
It depends on the terms of the contract. There may be a method of early termination/liquidation of damages clause in it. Read the contract carefully. Sometimes these type of contracts make provision for early termination if you move--you don't say why you want out, maybe this is the reason? If the reason is because you feel the martial arts gym is no longer living up to its end of the bargain, you may be able to claim breach on its part and get out that way. Otherwise, you may be able to negotiate an out. It really depends on the contract--read it carefuly!
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