I subscribed to a massage therapy business for a monthly fee of $70. This includes a free massage, amongst other things. Due to COVID, Colorado has prohibited these businesses from performing these services.
He sent out an email cancelling massages' but is not providing compensation. Such as rollover. This service is a use it or lose it type thing. For example, if I don't use my free massage within the month, I can't use it.
When I emailed and asked the business owner to suspend payment until this fiasco ends, he responded and said that he can cancel, but he'd have to charge me the cancellation fee of $200 and then sent me a link to their terms and services.
Because I'm currently laid off, I may call my bank to stop payment, but I wanted to know if this person can legally hold me to the payment when not providing any of the services including.
Technically yes, the massage company can still charge you a monthly membership fee without providing services. In contract law, however, when one party does not perform in accordance with the contract, there is a breach of that contract. In your situation, the massage company agreed to provide you a service which, due to the pandemic, they can no longer perform. As such, the massage company can still charge you a fee pursuan to the contract, but charging you payment while not providing a service is a breach of the contract.
However, as pointed out in a previous answer, it would be wise to ask for a copy of the contract and to look for a "force majeure" exception (an "act of God" provision). Many contracts contain these clauses to protect themselves from situations outside of their control.
Also, a contract can be amended by an agreement between both parties as well. The massage company may be willing to negotiate an amendment to the contract during this hectic time. If you have any further concerns regarding contracts and interpreting them, I highly recommend consulting with a business attorney.
I agree that under contract law, they cannot continue to charge you when they are not providing services, however this public health situation could fall under a force majeure exception due to government action beyond their control. I would expect that if you don't pay for the time they are closed, they could cancel your contract. If you wanted to keep the membership after things recover, you would likely have to join again at the then-current rates and terms of membership.
Best to contact the business and ask for a copy of your contract, to verify whether there is a provision covering this type of situation. At the same time, if you want to keep your contract, ask them to not charge you for this time without cancelling you. Many businesses have insurance to cover interruptions in business operations, but such insurance policies do not always cover interruptions due to pandemics or the like..
As a practical matter, you may be able to delete payment methods through any online portal the business offers. In the alternative, notify your credit card company/bank and request the recurring charges be automatically declined so you are not losing money while this dispute is ongoing.
No, it would not be appropriate for the business to charge a cancellation fee. Impossibility of performance is a good defense to a claim that the massage business has violated the contract by not providing massages, but the business cannot simultaneously fail to perform their end of the contract and try to hold the clients to their payment obligations.
A very good question. Does this relate to Massage Envy?
Slip & Fall Negligencew
on 5/13/08 I fell at an ALF facility while exiting a door into a courtyard. It was evening, the overhead light was out and a wire garden trellis/border was leaning into the walkway. I tripped over it, fell into a flower bed from a raised sidewalk and broke the tibia & fibula in my ankle. There was intense pain & I could not stand. 911 was called, an ambulance took me to the hosp where I remained for aprox. 1 wk, then was in a nursing home & rehab ctr. 3-4 wks. I'm in a leg cast, non wt.bearing & wheelchair bound for at least another month or more. I'm told it will be some time before I can walk & there may be permanent damage done to my back, knee and ankle as a result of this agravating a previous condition. There were several witnesses & the owners & mgmt. of the ALF knew of the broken light and faulty flower trellis. Do you think there may be a cause of action for negligence for medical expenses and suffering?
marriage paper work
I’m from Poland and I got marriage with citizen last months. I’m just wondering how much do you charge for marriage paper work.