Champion Martial Arts II

On November 18, 2014 I signed my last contract on behalf of my minor son, with Champion Martial Arts and Member Solutions inc. The contract was very specific. There were several instructions in fine print in order to cancel the contract. We moved out of the area so I started the process of cancellations via the written instructions just to learn the contract was never sent to MSI. The contract states in order to cancel, a request must be made in writing and delivered to MSI and the business by certified mail. Beings MSI doesn't hold the contract as they should, I can not fulfill the terms of the contract.MSI enforces the terms of the contract however beings they don't hold it, I don't believe I am legally bound to follow the contract, as many of the terms involve MSI. I have paid the contract up through June 05, 2015. I am requesting a refund for the months of April, May and the first 5 days of June.Desired SettlementI would like a refund for the un-used months I have paid for. I notified the business of my cancelation on March 30th 2015 at 9:26 a.m. Business Response To whom it may concern: Thank you for allowing us to explain our side regarding this complaint. Client is still within a reasonable distance to still be able to drive to our location as stated on the agreement (25 miles). Client was notified that we will do whatever it takes to make accommodations to allow her son (student) to be able to continue learning from us. Student was informed that we will flex the schedule and allow him to train multiple times on the same day so they did not have to drive as much. This includes offering to allow him to train in classes that he was not high enough level to train in. Student was asked multiple times if there was any way that we can accommodate him, and he always stated that he would ask his mom because he really wanted to continue.We really want to continue working with their family. However, client finally reached out to me and confirmed that her son would not be able to continue. She then asked for a refund, so we informed her that the agreement was transferrable to anyone else in the family. We informed her that the unused time may be used at any time in the future and it did not expire. This took place after student stopped attending classes. Client proceeded to insist on a refund, which at this point is where the confusion and misunderstanding of what was signed came in.Initially when the agreement was first made, we gave the client a substantial discount on the program; a 15% discount because she paid the entire amount upfront. However, by her canceling out early, she already used up the entire benefit of the program that she paid for. The final 2 months were free. Therefore, there is not a refund to give to her because the total payment was already used up across the months that student trained. And we do not charge by the day. All payments and lessons are monthly.Again, client is within the driving distance of our school, and student, client or anyone else in her family is invited to train for the 2 unused months that were included in the agreement for free. This does not expire and may be used at any time.I have 2 documents to provide to the Revdex.com staff, but I do not see an upload area, so I will contact you during business hours.Thank you very much for allowing me to respond to your inquiry. Please call me if you need more information from us or have any further questions.Consumer Response (The consumer indicated he/she DID NOT accept the response from the business.)Being a Consumer/Client, I want to inform the Revdex.com and all future clients of Champion Martial Arts (CMA) located on Wedge Parkway in Reno NV to proceed with caution. I called CMA on March 30, 2015 because MSI did not have my information in their system and I was unable to cancel the contract per the terms of the contract because of this. When I made contact with CMA, I advised them of the above problem and informed them, I needed to cancel the contract as my family and I had moved out of town. I asked about a refund for the unused months that I had paid for. CMA advised that per the contract "paid in full payments" were nonrefundable. After I got off the phone, my second and last attempt of conversation with CMA was via email, summarizing the phone call and questioning how the contract was valid when MSI never had me as a client. CMA did not show the common, professional, courtesy one should expect from a business, as they didn't acknowledge, nor respond to the email. CMA now claims that the months that were paid for in advance were actually free and that my son used the benefit that was paid for. Hmmm, that's not how the contract reads, that's not what the CMA initially advised me when I inquired about a refund and this is the first time I've heard of such a thing. There is no "misunderstanding" as CMA put it. I obtained a discount for paying in full the entire term of the contract. Nowhere in the contract does it state that due to paying the contract in full, I will obtain 2 free months of training at the end of the contract. Finally, CMA stated in their response that 25 miles is a reasonable distance to drive one way to get to their location. Reasonable, for who? CMA clearly doesn't seem to understand family and life dynamics and how this may vary from person to person. . I am unsatisfied with the resolution. I have full intentions of following up on this matter civilly. Final Business Response Thank you again for allowing us to respond. First, client is concerned that her agreement was not canceled. I assure you that it was canceled as soon as she informed us so she would not be charged again. Second, we have provided the Revdex.com and the Client via email the sheet that states "Option A - 2 Months Free" and then states the discount below it. The discount she received is exactly the same amount as two months of training. Third, she paid for a set amount of months of training and she received that same amount of training. On the phone she asked me that if she had been paying month to month would she have gotten a refund. The answer is she would have paid the Exact Same amount as she paid to us. So it is a wash. I'm sorry, but there is nothing to refund. She paid for the exact number of months that she received.However, out of good faith, client has been informed via email that we will refund amounts above the discount she received based on a different program if she accepts conclusion.We truly hope that this response will better explain that the client did receive the training she had paid for. She also does have 2 months of training for free that any member of her family (not just the student) is invited to take part in. These months do not expire. Thank you for your time.