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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We run very small courses (4 students) in Singing Teacher Training.

Resolved Question:

We run very small courses (4 students) in Singing Teacher Training. Due to the nature of this business, when people sign up for the course we commit ourselves to expenditure based on provision of studios and trainers for the current intake, which commitment is for a whole year.

In other words if one of the four trainees pulls out of the course, we are out of pocket to an unacceptable extent.

In past years we have made the course fee non-refundable once their acceptance contract has been signed and the fee (or minimum 50% deposit) is paid. The fee is approximately £4000.

In the contract we agree to provide the training and they agree to attend etc, and further agree that they understand that the fee is non-refundable and must be paid in full in any event. (Except in case of non-delivery on our part).

My question then is whether the non-refundable part of the contract breaches any statuary regulation which would normally prevent it from being enforceable.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Alex Watts :

No it does not

Alex Watts :

As long as you have it in the contract and you make reasonable attempts to bring it to the attention of the customer, that is all that is required

Alex Watts :

The clause has to be fair and reasonable

Alex Watts :

Given what you have said, this does seem fair

Alex Watts :

You also can't bury it to the end of the small print

Alex Watts :

It either needs to be towards the top or bigger

Customer:

OK thank you.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

No it's very much brought to their attention in a specific clause we require them to initial that they have read.

Alex Watts :

Ok - then you should be fine

Alex Watts :

If this answers your question might I invite you to rate my answer

Alex Watts :

If the system wont let you please do say

Alex Watts :

If you need further help please click reply

Customer:

No that's it Alex, question answered. We are just signing up this year's lot and wanted to be sure. Thank you.

Alex Watts :

Thank you and have a good weekend.

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