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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48167
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My son age21 has recently signed a contract for 6 months to

Resolved Question:

My son age21 has recently signed a contract for 6 months to be a personal trainer. The first month is free, the second month half fees of £200, then full fees. He started at the beginning of May so he is now into his second month. So far he has only made £20! He realises that this is beyond his capabilities but they won't release him from his contract. Is there any way out for him.
Regards ***** *****
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Have they failed to provide any of their contractual obligations or is it just a case of him not wishing to pursue this any further?

Customer: They have done everything they should but there just doesn't seem to be a personal training culture at the gym. Basically he will either spend all his savings paying them off or get another job anywhere ie telcos to pay. I am retired so at present have no contibution from Ben. This plus the fact that he can't get any clients is putting him into a downward spiral which is very worrying. He had to pay £400 to get his PT uniform shirt and cards to hand out etc. they have nt lost out. He is finding it difficult to approach people and realises that maybe he is not up to that side of the job. He loves the one to one training.
Ben Jones :

Did he have a contract in place? Was there anything in there about cancellations?

Customer: A contract is in place. It says after the fixed term of six months a three month notification period must be given. There doesn't seem to be any other reference made to penalties if you want to get out before six months other than if they want you to go ie misconduct liquidation of company etc.
Customer: There is a contract in place. After fixed term of six months a three month notification period must be given. There doesn't seem to be any other reference to cancellation other than on their part if there is misconduct or liquidation of business.
Customer: Is there anything at all that I can do?
Ben Jones :

Once he has signed the contract he would be bound by it and its terms. It is not necessary to have a cancellation clause in there to cover any eventuality and there could be a minimum term before a cancellation is allowed. In this case there was an initial term of 6 months before he could cancel. Such clauses would not necessarily be unreasonable as long as the company can justify the losses they would have incurred by trying to keep the fees he was due to pay by leaving early.


 


If no early cancellation clause existed then he could be bound to the minimum term unless he can show that the company had acted in breach of contract or was guilty of misrepresentation or other serious contractual breaches. However, if they have provided all they had promised and it was down to his personal choice that he did not want to continue with the course, then he would likely be liable.


 


However, that does not mean the worst will come – the company would still have to try and pursue him for the money before he is bound to pay them anything. They could just issue threats but not actually go any further with this. However, if they do and they take him to court, the risk is that if they win, he would have to pay them or risk as CCJ against his name and perhaps being pursued for the money through debt collectors/bailiffs. As mentioned it does depend on them actually pursuing this formally, and not all companies do that. In the meantime he could try and negotiate with them for an early release, for example if he agrees to pay part of the fees.

Customer: Thanks for your help. I realise my son needs a good kick up the backside but unfortunately that's not always the way to deal with this situation especially as he is getting depressed. I'm just trying to support him and help solve the problem .
Ben Jones :

Such issues could be resolved with direct negotiation with the company, but his fate does depend on how far they are willing to take this in the event no agreement can be reached

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Customer: I think it tells me that the situation is pretty hopeless as the gym employs a separate company to recruit their personal trainers and they have done their part. So I woulda imagine they have no intention of letting a young man off the hook who has got in over his head!
Customer: Thanks again
Ben Jones :

Nothing to lose by trying at least...

Customer: Unable to rate you and exit.
Ben Jones :

It's an intermittent bug we get, you could just type your choice here and we will process manually later, thanks

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