Vinyasa Arts

Revdex.com: I have reviewed the response made by the business in reference to complaint ID [redacted] , and have determined that this proposed action would not resolve my complaint For your reference, details of the offer I reviewed appear below I filed the complaint because I find the contract itself to be a contract of adhesionSuch a contract is a contract between two parties, where the terms and conditions of the contract are set by one of the parties, and the other party has little or no ability to negotiate more favorable terms and is thus placed in a "take it or leave it" positionI tried to reason with Vinyasa arts and offered to pay for administration fees and the class I did takeThey refused According to California civil procedure section 1670.5: (a) If the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the time it was made the court may refuse to enforce the contract, or it may enforce the remainder of the contract without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result(b) When it is claimed or appears to the court that the contract or any clause thereof may be unconscionable the parties shall be afforded a reasonable opportunity to present evidence as to its commercial setting, purpose, and effect to aid the court in making the determinationThe clause indicating there are absolutely no refunds is unconscionable in itself as it keeps monies not earned by the company leaving the other party at an unfair disadvantage Regards, [redacted]

Hello ***,We have attached a signed and dated contract from [redacted] (signed on 3/10/2015)As you will notice the contract clearly states in bold print and underlined “ Once the program begins, tuition is non-refundable and non-transferable.” [redacted] participated in the training once it beganShe was there more than hours (as she mentioned)It was not until our 2nd week of training that [redacted] decided that she wanted to quit the programTeacher Training is very different than participating in a regular yoga class (as [redacted] mentioned “usual and customary practice for yoga studios in the areaOne hour classes usually cost $20, since I attended a two hour class they may deduct $40”)As stated in our contract and on our website teacher training involves a lot more than simply taking a yoga class It requires over hours of: Techniques, Training And Practice (Asana, Pranayama And Meditation): Hours; Teaching Methodology (teaching, Modifications, Relationships, Business Of Yoga): Hours; Anatomy And Physiology (structure And Movement/subtle Energy): Hours; Yoga Philosophy, Lifestyle And Ethics (history, Lifestyle, Ethics): Hours; Practicum: HOURS.We have been doing teacher trainings for nearly years now without a single complaint In fact we are rated with a start rating through Yoga AllianceMost teacher trainings have a non-refundable contract because the training is very long and very grueling; therefore, Yoga Schools need a commitment from the trainees.Even though our contract states that the training is non-transferable; we did offer on several occasions (after [redacted] left the training) for her to participate in our next training that begins in Jan with no additional cost to herWe expressed to her that we would allow her to transfer her payment to our training that begins on Jan 9th [redacted] also stated in this complaint that, “They do not offer a trial class to see if it is right for us ”This statement is simply not trueWe offer free classes and free information meetings for months prior to our Yoga Teacher TrainingsWe suggested that [redacted] come and meet with us, and take classes with us before the training starts and she never didHowever, we did speak with her via email and answered her questionsPlease let us know if you will need record of this email correspondence as well.Sincerely, [redacted] *** [redacted] Vinyasa Arts www.vinyasaarts.com760-707-

Hello ***,
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We have attached a signed and dated contract from *** *** (signed on 3/10/2015)As you will notice the contract clearly states in bold print and underlined “ Once the program begins, tuition is non-refundable and non-transferable.”
*** *** participated in the training once it beganShe was there more than hours (as she mentioned)It was not until our 2nd week of training that *** decided that she wanted to quit the programTeacher Training is very different than participating in a regular yoga class (as *** mentioned “usual and customary practice for yoga studios in the areaOne hour classes usually cost $20, since I attended a two hour class they may deduct $40”)As stated in our contract and on our website teacher training involves a lot more than simply taking a yoga class… It requires over hours of:
Techniques, Training And Practice (Asana, Pranayama And Meditation): Hours; Teaching Methodology (teaching, Modifications, Relationships, Business Of Yoga): Hours; Anatomy And Physiology (structure And Movement/subtle Energy): Hours; Yoga Philosophy, Lifestyle And Ethics (history, Lifestyle, Ethics): Hours; Practicum: HOURSWe have been doing teacher trainings for nearly years now without a single complaint In fact we are rated with a start rating through Yoga AllianceMost teacher trainings have a non-refundable contract because the training is very long and very grueling; therefore, Yoga Schools need a commitment from the traineesEven though our contract states that the training is non-transferable; we did offer on several occasions (after *** left the training) for her to participate in our next training that begins in Jan 2016 with no additional cost to herWe expressed to her that we would allow her to transfer her payment to our training that begins on Jan 9th *** also stated in this complaint that, “They do not offer a trial class to see if it is right for us…”
This statement is simply not trueWe offer free classes and free information meetings for months prior to our Yoga Teacher TrainingsWe suggested that *** come and meet with us, and take classes with us before the training starts and she never didHowever, we did speak with her via email and answered her questionsPlease let us know if you will need record of this email correspondence as wellSincerely,
*** *** *** *** *** ***
Vinyasa Arts www.vinyasaarts.com760-707-

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below
I filed the complaint because I find the contract itself to be a contract of adhesionSuch a contract is a contract between two parties, where the terms and conditions of the contract are set by one of the parties, and the other party has little or no ability to negotiate more favorable terms and is thus placed in a "take it or leave it" positionI tried to reason with Vinyasa arts and offered to pay for administration fees and the class I did takeThey refused. According to California civil procedure section 1670.5: (a) If the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the time it was made the court may refuse to enforce the contract, or it may enforce the remainder of the contract without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result.(b) When it is claimed or appears to the court that the contract or any clause thereof may be unconscionable the parties shall be afforded a reasonable opportunity to present evidence as to its commercial setting, purpose, and effect to aid the court in making the determination.The clause indicating there are absolutely no refunds is unconscionable in itself as it keeps monies not earned by the company leaving the other party at an unfair disadvantage.
Regards,
*** ***

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
I filed the complaint because I find the contract itself to be a contract of adhesion. Such a contract is a contract between two parties, where the terms and conditions of the contract are set by one of the parties, and the other party has little or no ability to negotiate more favorable terms and is thus placed in a "take it or leave it" position. I tried to reason with Vinyasa arts and offered to pay for administration fees and the class I did take. They refused. 
According to California civil procedure section 1670.5: (a) If the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the time it was made the court may refuse to enforce the contract, or it may enforce the remainder of the contract without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result.
(b) When it is claimed or appears to the court that the contract or any clause thereof may be unconscionable the parties shall be afforded a reasonable opportunity to present evidence as to its commercial setting, purpose, and effect to aid the court in making the determination.
The clause indicating there are absolutely no refunds is unconscionable in itself as it keeps monies not earned by the company leaving the other party at an unfair disadvantage. 
Regards,
[redacted]

Hello [redacted],We have attached a signed and dated contract from [redacted] (signed on 3/10/2015). As you will notice the contract clearly states in bold print and underlined “ Once the program begins, tuition is non-refundable and non-transferable.”[redacted] participated in the training...

once it began. She was there more than 2 hours (as she mentioned). It was not until our 2nd week of training that [redacted] decided that she wanted to quit the program. Teacher Training is very different than participating in a  regular yoga class (as [redacted] mentioned “usual and customary practice for yoga studios in the area. One hour classes usually cost $20, since I attended a two hour class they may deduct $40”). As stated in our contract and on our website teacher training involves a lot more than simply taking a yoga class… It requires over 200 hours of: Techniques, Training And Practice (Asana, Pranayama And Meditation): 100 Hours; Teaching Methodology (teaching, Modifications, Relationships, Business Of Yoga): 29 Hours; Anatomy And Physiology (structure And Movement/subtle Energy): 20 Hours; Yoga Philosophy, Lifestyle And Ethics (history, Lifestyle, Ethics): 30 Hours; Practicum: 35 HOURS.We have been doing teacher trainings for nearly 3 years now without a single complaint In fact we are rated with a 5 start rating through Yoga Alliance. Most teacher trainings have a non-refundable contract because the training is very long and very grueling; therefore, Yoga Schools need a commitment from the trainees.Even though our contract states that the training is non-transferable; we did offer on several occasions (after [redacted] left the training) for her to participate in our next training that begins in Jan 2016  with no additional cost to her. We expressed to her that we would allow her to transfer her payment to our training that begins on Jan 9th 2016.[redacted] also stated in this complaint that, “They do not offer a trial class to see if it is right for us…”This statement is simply not true. We offer free classes and free information meetings for 3 months prior to our Yoga Teacher Trainings. We suggested that [redacted] come and meet with us, and take classes with us before the training starts and she never did. However, we did speak with her via email and answered  her questions. Please let us know if you will need record of this email correspondence as well.Sincerely,
[redacted] [redacted]Vinyasa Arts www.vinyasaarts.com760-707-7411