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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I need some help, i have been a memeber of a online

Customer Question

Hello
I need some help, i have been a memeber of a online coaching program for 7 months and i have signed up to it with an e signiture contract for a 2 year period, there is a get out clause for early exit after 1 year.
But i am ready to leave now as i have changed direction with my buisness and the buisness model that they coach you through just doesnt fit the direction my buisness needs to go in.
Could someone tell me if i have to continue with the contract or will i have to continue? i pay on a monthly basis via debit card so its easy to cancel, but will there be any comeback from the courts?
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. You say the contract allows for early exit after a year. Can you tell me exactly what the clause says?
Customer: replied 1 year ago.

Hi

i am looking to exit now

but this is what the contract says





Term, Termination and or Renewal

Term. This Agreement shall commence on the date of execution of this Agreement, being the date first written above, (the “Effective Date”) and, unless terminated earlier in accordance with the terms of this Agreement, this Agreement shall continue in full force and effect for a minimum term of twenty-four (24) months from the Effective Date (the ‘Initial Term’), Thereafter, this Agreement shall automatically renew on a rolling basis for additional, consecutive twelve (12) month periods (each a Renewal Term) on the same terms and conditions unless terminated by either party giving to the other not less than ninety (90) days’ prior written notice such notice to be given to expire at the end of the first 12 months from the Effective Date or any time thereafter, but in the case of termination by the Licensee subject always to Paragraph 6.2.1 ..

Termination

6.2.1 Termination by Request Notwithstanding the foregoing provisions of this Paragraph 6, where Licensee terminates this Agreement at any time from the end of the first 12 months from the Effective Date up to the end of the Initial Term [or at any time during a Renewal Term] on giving Fitness not less than ninety (90) days’ prior written notice, such termination shall be conditional upon and subject to the payment by Licensee to Fitness of an Early Termination Fee equal to three (3) months of Royalty payments, being Eight Hundred Ninety Five Pounds (£895) plus VAT per month for 3 months, totalling Two Thousand Six Hundred Eight-Five Pounds (£2,685) plus VAT.

6.2.2 Termination For Cause. The breach by Licensee of any of the following Paragraphs, or the failure by Licensee to perform its obligations as indicated in a Paragraph shall be grounds for immediate termination by Fitness of this Agreement for cause: Paragraphs 1.2, 1.3, 2.1, 2.2, 4.2, 4.3, 5.2, 8.1, 8.2, and 8.3.

6.2.3 Termination for Insolvency. A Party shall have the right to terminate this Agreement upon thirty (30) days prior written notice to the other Party, if that other Party:




Expert:  Jenny replied 1 year ago.
Hi unfortunately the fact that you want to exit now does not assist you as if you fail to continue to pay then you will be in breach of contract and the company will be able to sue you for the remainder of the payments due.
The only exception to this would be if you could run an argument that they are not providing the services under the contract but I do not think that this is the case, simply that you do not require the services.
The best thing you can do is to speak to them to say you no longer require the services and that you want to give 90 days notice for the term to end at 12 months so you end the agreement in accordance with the contract. You can try to negotiate a reduced payment with them but in all honesty they can, unfortunately, hold you to the term.
I am sorry that this is not the answer you were hoping for.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Expert:  Jenny replied 1 year ago.
Hello is there anything further you would like to know about this as I can see you have not yet rated my answer.
I am happy to answer any further questions you may have. If I have answered your original question please do take the time to rate my answer as I am not otherwise credited for my time.
Many thanks and all the best.

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