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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71135
Experience:  Over 5 years in practice
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I have a six month contract with a personal trainer which finishes

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I have a six month contract with a personal trainer which finishes on the 8th July 2015. On the 9th May 2015 I asked her to consider terminating this contract as I no longer felt that I could carry on the training. I also told her that I had cancelled the standing order due on the 12th May 15 whilst this was being considered (Training is paid in advance) also stating that I was not refusing to pay and this could easily be paid as a same day payment if need be. I received a quite hostile email from her 24 hours later This stated that I would be in breach of contract if the payment was not in her bank on the 12th May 15 she also stated that I would have to pay 50% on the next months payment. The email contained other comments and was quite hostile as I had merely asked she consider the termination of the contract so much so that if I decided to continue the training till the contract date it would be impossible to work with her. I am not prepared to pay over 600.00 and not do the training. Due to holidays and illness I am in credit by approximately 8 sessions at 35.00 per session Where do I stand with this. I have had no reply to my email and fear that if I do not pay by the end of 12th May 15 a she will have me in breach of contract which I don't feel I am as I simple asked for her to consider what I had asked her
Thank you for your question. My name is ***** ***** I will try to help with this.
How can I help with this please?
Customer: replied 2 years ago.

I need to know if I will be in breach of contract if I don't pay what she is asking for in the time that she has asked for it to be paid. Do I have to pay this money even though I will not be doing the training sessions as the email content she has sent has made it unpleasant for me to work with her. Where do I stand legally

It depends what you have signed or agreed to.
However, if you have agreed to a six month contract and you haven't negotiated any specific cancellation rights then I'm afraid seeking to cancel for this reason would be a breach.
If you are in breach of contract then you are liable for her loss. That isn't the full price due in fairness but she does have a claim for lost profits regardless of whether or not you actually do the training sessions.
I'm very sorry but unless you agreed cancellation rights these grounds would not be sufficient.
Can I clarify anything for you?
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Are you saying that if I don't pay the required payment that is due tomorrow I am in breach of contract even though I asked for her to consider terminating the contract NOT cancel the contract. Is the fact that the content of her reply email to this request has made it impossible for us to work together not a case of her breaching my contract. If I pay her the next months money can I insist that she carries on the training sessions. Am I able to make her an offer of monies to terminate the contract and if this is so can you give me an idea of what amount to offer. I have two payments left at 455.00 per payment

At least, not necessarily by tomorrow but if you don't complete the contract you are in breach and she does have a claim for the agreed sum and would win if you went to court.
If you want to make a full and final settlement usually it is better to start low and negotiate up. Around 50% as she is unlikely to come down lower.
Alternatively refuse to pay and wait to see if she sues. People often do not.