QUESTION

Breach of contract or agreement ?

Asked on Aug 08th, 2013 on Contracts - New York
More details to this question:
Made a 12 month agreement with a personal trainer, have fulfilled 4 months of payment, I notified the Trainer that my mother was having surgery and requires my financial assistance and physical assistance as well. I offered to authorize one more month or two of payment for any budgetary inconvenience. Trainer is offering to freeze my agreement for a few months with no payment until my situation clears and then wants me to continue my agreement. I told him considering the circumstances i can not continue this agreement. I signed an agreement but to date after two requests have yet to receive a copy of our agreement. Am I in breach of this agreement and do I have an option if offering some restitution to get out of this. ( a month of two of continued payment) Agreement was $299 a month for 12 months with 30 day clause to change mind or get out, but did not receive any copy of agreement for my review and referral. (I have a call at 1:30 today for further discussion with trainer)
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1 ANSWER

Appellate Practice Attorney serving New York, NY
There is no way to tell if you can cancel the agreement without knowing what, if any, cancellation terms it provides.  If the agreement provides that you are obligated to continue with the training services for 12 months unless you cancel it within 30 days, than the trainer is within his rights in insisting that you continue to perform for 12 months.
Answered on Aug 08th, 2013 at 12:31 PM

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