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  1. Kistrael is offline
    Kistrael's Avatar

    Noob: Reloaded

    Join Date
    Dec 2004
    Location
    Montgomery County, PA
    Posts
    1,105

    Posted On:
    6/25/2005 5:00pm

    supporting member
     Style: MT nub, Ex-Tang Soo Do

    --
    Hell yeah! Hell no!
    So far, I haven't been able to find my copy of the contract. If I don't find it sooner, I'll ask to get a copy of a contract when I go to class on Tuesday. I really can't believe that he says there is no way out of it. There must be some way, short of doing something crude and dishonorable to get myself kicked out.

    Once I get the contract, I'll go over it and post it here. What worries me, is that he very well might be able to keep me in TSD. He (Master Chuck Vaughn) did an article in Black Belt magazine within the last year, about how to run a dojang, and how to bring in students. I think he might know what he's doing enough to keep me bound to it legally.

    However, quite frankly, I don't think I could stand it anymore. I asked flat-out how much it would cost me to break the contract, and I was very willing to blow cash right on the spot to be stricken from the class.

    Things wrong with my class:

    - Barely sparring (there was over a month-long dryspell between sparring)
    - Whether or not sparring will be contact or pointsparring, varies.
    - Too much focus on forms.
    - Drill is practiced dead. We rarely use targets.
    - Too much focus on flash, not on functionality.
    - No other methods of self-defense (with the exception of knife, which is within the TSD style)
    - No variation on teaching method.
    - Teacher is incapable of performing certain moves.
    - Inadequte warm-up.
    - Warm-up before class must be quiet, and you cannot use the punchingbag (the class before ours is basically a martial daycare)
    - Half the class is under 16.
    - Belts range from white to blue (pre-black).
    - Anything beyond "traditional" TSD practice is learned once you become BB.

    After being in TSD for nearly 4 years now, I can say that I'm still not comfortable with defending myself against someone who is intent on beating me senseless. If I would have known then what I did now, I would have never taken up TSD, or at least left when my newest teacher took over.
    DIDN'T YOU KNOW?! The Chinese know everything! And they knew it 4,000 years before YOU did!

    "Yes. Yes I am. I'm clearly illiterate and dictating this post to a squadron of several dozen trained jumping beans I've coearced into living on my keyboard, each named after a letter or character, which bounce up and down as I call their names." -JohnnyCache
  2. lawdog is offline

    Middleweight

    Join Date
    Mar 2005
    Location
    Florida
    Posts
    1,660

    Posted On:
    6/25/2005 6:43pm

    supporting member
     Style: Judo & Boxing

    --
    Hell yeah! Hell no!
    Dude, you're still really young and have plenty of time to achieve your goals. Don't worry so much about it, just make a decision. It sounds like paralysis of analysis. You've been given lots of good advice regarding how to proceed if you decide to break your contract. It sounds to me like your school sucks, and if it were me I'd be gone yesterday, but I'm not you. You're the one who has to make that decision.

    Once you post the contract, I'll be glad to give you my opinion regarding the best way to proceed, but even if it's rock solid with no clear way out, you still have plenty of options as discussed in the prior posts.

    Just make sure you get a copy of the contract, even if you don't post it. You should have your own copy.
  3. patfromlogan is offline
    patfromlogan's Avatar

    Heavyweight

    Join Date
    Sep 2002
    Location
    Hilo Island of Hawaii
    Posts
    8,871

    Posted On:
    6/27/2005 9:22pm

    supporting member
     Style: Kyokushinkai / Kajukenbo

    --
    Hell yeah! Hell no!
    Hey I have an idea. Quit paying. Period. Just say no.

    And if they say anything, say, "Go **** youself, sue me." If they give you a hard time tell 'em you have a crack head pissed off huge Samoan friend named patfromlogan who wants to check out just how they can handle Samoan "monkey breaks coconut" style head butts. And as soon as his probation officer let's him go out of state, he'll be at their door, ready to rumble.
  4. Kistrael is offline
    Kistrael's Avatar

    Noob: Reloaded

    Join Date
    Dec 2004
    Location
    Montgomery County, PA
    Posts
    1,105

    Posted On:
    6/27/2005 9:44pm

    supporting member
     Style: MT nub, Ex-Tang Soo Do

    --
    Hell yeah! Hell no!
    I wish it would be that simple. I'll go check on contracts tomorrow, like I said. I have class tomorrow.

    ...hehe, monkey breaks coconut...
    DIDN'T YOU KNOW?! The Chinese know everything! And they knew it 4,000 years before YOU did!

    "Yes. Yes I am. I'm clearly illiterate and dictating this post to a squadron of several dozen trained jumping beans I've coearced into living on my keyboard, each named after a letter or character, which bounce up and down as I call their names." -JohnnyCache
  5. Utah is offline

    Registered Member

    Join Date
    Mar 2005
    Posts
    29

    Posted On:
    6/27/2005 11:55pm


     Style: BJJ (Alliance) Beginner

    --
    Hell yeah! Hell no!
    Kistrael,

    If you were a minor at the time of contract, it's possible the the contract is voidable. I'm not sure if people have mentioned this. However, if you've since become an adult, they might have an argument that you "affirmed" the contract. It's important that you get your hands on a copy of the k. The k itself might have liquidiated damages provisions that are unreasonable or unenforceable.

    I agree with the earlier advice - stop payment to the dojo. You have an argument that what you k'ed for - hard contact, sparring, whatever - is no longer provided, thus THEY breached, and you're just mitigating your damages. Don't keep paying for services you don't want - that makes me cringe.

    In all likelihood, the cost of trying to squeeze the money out of you exceeds what they would get out of it (as was already mentioned) and they won't do anything.


    This is NOT legal advice, I am NOT a lawyer, only a third year law student.
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