Consumer Law, Warranties How do I get out of a contract if additional fees are requested?

[benrequena]

I signed a contract for 3 years of martial arts lessons for $4300. Several months later I reached a new level and was asked to pay a fee for more advanced lessons. These level fees were not disclosed at the signing of the original contract and are not made available for customers allowing the company to change the amount of the fees on a per customer basis.

The company has stated that these level fees are optional, however without paying the level fees I will not be taught the lessons for the next level and thus will not be able to continue my study.

At the signing of the contract I made a sizeable down payment and have made all of my monthly payments ($98 per month) since.

1.) How can I get out of the contract?
2.) Can I get any of my money back?

 

[jharris352]

You could conceivably sue your school for breach of contract and force them to perform on the contract signed. Of course they could also kick your a$$!

 

[benrequena]

Understanding that you have not read the entire contract, what are the odds that a breach of contract argument will hold given the available information? I.E. How strong of a case is this? -or- How likely am I to get out of this contract?

 

[jharris352]

Well, a contract is suppose to have all of the terms defined. These fees are not contemplated in the original contract. They fundamentally change the contract for both parties so I would think they nullify the contract at very least. I don't see you recovering any moneys paid in because you paid for knowledge that you learned. The large down payment is a bit arguable but not much. I think you can void the contract going forward unless they waive the new fees.