1. #1
    I am Murloc!
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    Get refund, re-negotiate, or take it on the lip?

    A few months ago I signed up to join a MMA studio after having taken a few years off from martial arts. The place seemed like a good fit and offered BJJ, judo, and muy thai and was geared more toward competitions. It was a smaller studio than several of the others I checked out in the same area. I signed up and paid for a year in advance for the all-inclusive (could take any class at any time) so a total of $1600-ish. I generally like to just pay up front when I can since I'm terrible about forgetting monthly bills.

    A few weeks later myself and 300 other employees get the pink slip from our employer. No warning or indication from the employer this was going to happen (generally the employer has always given people a 30 day notice so they could transfer to another department or find another job before they let people go). I immediately start working on finding another job and find one through an old coworker a few cities over (about a 45 minute commute each way) after a few weeks.

    At my new job I work 10am to 7pm and I'm on-call every other weekend. Because of the commute I need to be on the road no later than 9:15am at the absolute latest. The only class that is offered early enough for me to attend is their 7am 'cardio kickboxing' which isn't what I signed on for at all. Also the cost of taking that single class is far less than what I paid.

    I emailed the studio and asked for a prorated refund minus the start-up fee and first month. I signed up specifically for Judo, BJJ, and Muy Thai and they don't offer those classes when I can attend. The first reply came two weeks later and didn't answer my question; I was just told to come and train more to get my money's worth (which isn't even possible). I asked a second time and I received a condescending reply telling me that I would need to bring in a copy of my work schedule and only if they deemed I was unable to train would they issue a prorated refund. I haven't had a written work schedule since I started working for hospitals over a decade ago.

    I wont say the money isn't a factor, but I wasn't actually upset at all till they side-stepped my initial question to them, took weeks to reply, and then wanted to delve into my personal life so they could decide whether I really had the time to train or not. If I signed up for a gym membership and found out that the only the rowing machines were open when I could attend (and had paid for the full package) I think I would ask for my money back.

    So do you think I should get a refund, re-negotiate for a partial refund (since they only offer one class during the hours I can attend), or just take it on the lip?

  2. #2
    Go for the partial refund. They are in no way required to give it to you unless you signed a contract stating that if your work/living conditions change you could get one.

  3. #3
    Dont mean to be rude... but they dont have to do anything. They can't help the fact that you got the pink slip... and so they dont have to change anything. Since you agreed to a contract.... sorry m8

  4. #4
    I'd ask nicely to have a fair portion of the money back... but realistically it looks like you are boned. Also your analogy is bad, who wouldn't check out if they could use the equipment they wanted before signing up? To them, you working and not being able to make it there is your issue not theirs, but who knows, maybe there is some law where if you honestly can't make it, they have to refund it, or atleast a portion, at least worth a shot

  5. #5
    I am Murloc!
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    Quote Originally Posted by Nakatomii View Post
    Dont mean to be rude... but they dont have to do anything. They can't help the fact that you got the pink slip... and so they dont have to change anything. Since you agreed to a contract.... sorry m8
    I didn't take it as rude. I appreciate your candor.

    Quote Originally Posted by Willfox View Post
    I'd ask nicely to have a fair portion of the money back... but realistically it looks like you are boned. Also your analogy is bad, who wouldn't check out if they could use the equipment they wanted before signing up? To them, you working and not being able to make it there is your issue not theirs, but who knows, maybe there is some law where if you honestly can't make it, they have to refund it, or atleast a portion, at least worth a shot
    There is a refund law for 20 days after signing a gym contract in my state, but I fell outside of that by five days (no ones fault but my own).

  6. #6
    Quote Originally Posted by HBpapa View Post
    I didn't take it as rude. I appreciate your candor.


    There is a refund law for 20 days after signing a gym contract in my state, but I fell outside of that by five days (no ones fault but my own).
    Do you have a copy of the contract? I signed up for a year at a place and the contract had a provision that if I moved a ways away from their facility OR changed working hours and could no longer attend a majority of their classes, I would be let out of the contract. Although I was paying monthly instead of all up front, but if that provision is there they should be willing to refund you for months you have paid for but have not used.

    If it isn't they don't HAVE to do anything, but smaller businesses are generally much more willing to work with you on this than the large chains.

  7. #7
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    Quote Originally Posted by obdigore View Post
    Do you have a copy of the contract? I signed up for a year at a place and the contract had a provision that if I moved a ways away from their facility OR changed working hours and could no longer attend a majority of their classes, I would be let out of the contract. Although I was paying monthly instead of all up front, but if that provision is there they should be willing to refund you for months you have paid for but have not used.

    If it isn't they don't HAVE to do anything, but smaller businesses are generally much more willing to work with you on this than the large chains.
    Sometimes, but not always. Hopefully the OP kept the paperwork.

    Otherwise, he's probably screwed if they don't want to be nice.
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