Is Martial Arts Studio reneging on my contract? Advice?

Parent Cafe
1

<p>Hi, I could use some advice. I don’t know if we are wrong, or if the sensei is being unfair. I apologize in advance for the length.</p>

<p>DS (a high school junior) has been taking martial arts since 6th grade. He’s been on the slow track because studies at times interfere with his ability to attend classes. He is due to take his 1st degree black belt test next weekend (4 1/2 years).</p>

<p>We were paying annually ($1200/year) until October 2010. At that time, he was 8 months from black belt if he were to go consistently - (which he never has) - so he would have been black belt eligible in June 2011. </p>

<p>In October '10, when I went to pay the next year, the seisei offered us a deal. He said if I paid $3,800, this would take my son through his 2nd degree black belt. (The dojo’s current package price is $3,000 for the interval between 1st and 2nd degree black belt). I decided to take it, and paid the money (a big sacrifice for us). The teacher placed no contingencies on the contract. The wording on the contract/invoice says “2nd dan, Black Belt Club, unlimited time”</p>

<p>Fast forward 2 years. DS has still been on his slow track but is ready to take the 1st dan test. The owner’s son approached me, offering me the $3000 package deal to 2nd degree. I told him I’d already paid, and he said he’d talk to his father.</p>

<p>I brought in the contract today, expecting a little haggling about belt test fees, etc, but was absolutely blindsided when the sensei informed me that I needed to pay $1200 in back tuition for my son to continue attending the dojo. His reasoning was that the contract was contingent on DS completing his 1st degree Black Belt by June of 2011, and so he’s been training for free and we owe him back tuition. He said he’ll be generous and only charge us 1 year instead of 16 months.</p>

<p>I showed him the wording on the contract. He said he’d made it clear to me at the time. (he didn’t). I asked why I would have been willing to fork over so much money when I knew DS was on the slow track and he will never even begin to complete the 2nd degree belt before college. He said that wasn’t his problem. </p>

<p>I again showed him the wording on the contract. He said “But June 2011 was part of the agreement. I wouldn’t have made the agreement otherwise”. We went in circles on this.</p>

<p>I made another suggestion: Why don’t we consider that in October 2010 I paid three years ahead at the yearly fee of $1200? This will take him through 2013 and I could begin paying monthly tuition thereafter. The sensei said “You can’t change the contract”.</p>

<p>I said there’s no way DS will get to 2nd degree, but how about we honor the way the contract is written, and tear it up in the summer of 2014 after he graduates. The sensei said no.</p>

<p>He never billed me or even mentioned the “free training” he is now complaining about. And he is always right on top of the billing. The only reason this came up is because of the belt test.</p>

<p>I clarified with him: he is very clearly telling me that he will not allow my son to continue after his belt test without a $1200 in “back tuition”. He is unwilling to refund any part of the $3000. </p>

<p>Am I wrong here? Any suggestions?</p>

2

<p>Had two kids in martial arts for many years. I think if you took that contract to an attorney, the Sensei would not have a leg to stand on. The question is whether you want to do that.</p>

<p>A black belt of any degree is a big accomplishment and is impressive to admissions officers. It takes a lot of perseverance and discipline to achieve that. The most important thing right now is to get that black belt.</p>

<p>If I’m understanding correctly, your son can test for his first degree, and the disagreement is what happens after that. If that’s the case then I would tell the Sensei we will figure out what we want to do at that time.</p>

3

<p>Continuing- If he insists he wants 1200 to let your son even test for first degree, I would get say no, we did not pay 3000 for a brown belt, that was never written nor said and I will have to have my attorney look at this contract.</p>

4

<p>You’re right, Snowdog, the disagreement is over what happens after the belt test next week. My son loves it and wants to continue. We think it’s very good for him. So I don’t want to pull the plug after he gets the belt. I also don’t have an extra $1200. </p>

<p>I totally agree not to rock the boat until after the 27th. Our interaction today was very intense, and ended with me saying I would think things over before hurrying out of the office.</p>

<p>I’m also, frankly, kind of worried about angering someone who regularly spars with my son. I don’t think he would consciously hurt him for revenge, but the unconscious is pretty powerful.</p>

5

<p>I agree with Snowdog 100% on this - it does not appear that the sensei has a leg to stand on. Further, I would say that there is probably not a nice way out of this - I cannot see any resolution where your son stays at the dojo without you either paying through the nose or him risking some type of potentially serious hostility, particularly since this sounds like the kind of confrontation that would only occur if the owner was under a lot of financial stresses.</p>

<p>I have to ask - what discipline is he studying, and are there alternatives in town? Can you take your business elsewhere?</p>

6

<p>I have a suggestion. Let your son test for black belt as it seems that he can do that. </p>

<p>After that, why not look at other schools in the area. Let your son continue to enjoy martial arts but he can also learn how another school does things. He can keep learning and getting the physical exercise that a martial arts program offers. From what you have written here, I’d look else where for instruction. </p>

<p>By any chance, does your town or a nearby town offer karate via a town recreation program? I ask because the town next to ours does and non-residents are allowed to take this class. We enjoy a very high level of instruction through this program (one might think that it’s not possible to get such good instruction thought a rec program, but it can be possible) and the money problems that you are experiencing just do not come into play here.</p>

7

<p>cosmicfish, I think you put your finger on the financial factor. He said he’s having trouble paying his lease. You’re right, that’s probably why this came up.</p>

<p>There are other dojos in town. If we left, we wouldn’t get a refund on the $3000 we’ve already paid towards the 2nd degree training, and we’d wind up paying more than $1200 at the new place.</p>

<p>I wonder if the salient issue is: “How much is it worth to me to ensure my son’s safety while he trains at a sport he loves, at a dojo he loves?”</p>

<p>This really really stinks.</p>

8

<p>Thanks, bookreader, for your suggestion. Maybe there are lower cost options. </p>

<p>Everyone seems agreed that I wait until after the test to do anything. So I have 9 days to decide how far to push this.</p>

<p>Thanks for being great sounding boards. I love CC folks.</p>

9

<p>BTW, Cosmicfish, you asked about the discipline. It’s hapkido.</p>

10

<p>calla1, I spent many years involved in martial arts taught by 2 sensei with national and international reputations. My son has been very involved in martial arts for many years and currently studies at a school of Brazilian jujitsu taught by a student of the Gracie family. Based on what you have described, your son attends a school that is a belt mill. Any school that sells “belt packages” for large amounts of money and “guarantees” a black belt at the conclusion of the contract is immediately suspect. It is a business model that assures income to the owner by pandering to parents and students and their desire to achieve a “black belt”. Reputable schools charge a monthly membership fee with no promise of belt advancement and certainly not within certain periods of time. You pay for membership in the school and the right to attend classes, not for getting a belt of any particular color. Students come and study and advance based on periodic belt testing based solely on the student’s development. There is no time table, no “8 months” until a black belt is earned, no “black belt package”. When and if a student achieves the requisite progress, the student advances, plain and simple. There is no promise that a student will ever achieve a black belt, let alone a 2nd degree black belt which is as much advanced over a 1st degree black belt as a 1st degree is from a white belt.</p>

<p>At this point, don’t pay the school another penny. Let your son test for his black belt if that’s what he wants to do and then find another school if he wants to continue. Sorry to be so blunt, but it really sounds like the owner is trying to take you for a ride by now asking for more money over and above the clear terms of your contract to secure his commitment that your son will get a 2nd degree belt. What will happen when your son takes “too long” to test for his 2nd degree belt, will there be another surcharge?</p>

11

<p>

Not necessarily true - if you spoke to an attorney, you may be able to get some or all of that $3k back! Remember, you have a contract for which you paid $3800 through 2nd degree, a contract that he is not willing to fulfill and which you can argue he cannot now fulfill with any real safety or integrity. He has not provided what you have paid for, a judge can order a refund.</p>

<p>

Check to find out precisely which organization(s) control the dojo’s certification, if any - transferring to a similarly-credentialed dojo should not be difficult. And if he chooses to branch into a different style, that first black belt should help him to pick up the new one faster.</p>

12

<p>

In defense of the otherwise indefensible school, it sounds like this was an unusual arrangement by an owner in a tough financial bind. OP did not mention any general guarantees of any particular belt - promising instruction through the 2nd dan does not guarantee reaching 2nd dan, it just promises to teach until you get there, give up, or die. And the mention of eligible times is not out of line either - many reputable styles have minimum times you must spend before testing for a particular belt, as long as there is no guarantee of “this belt in this time” integrity has not necessarily been sacrificed.</p>

<p>That having been said, I have seen much of what you have as well, and have two such belt mills within a mile of my house!</p>

13

<p>A kid on a slow track who can get to black belt level in 4-5 years is either very talented or the testing is not highly challenging.</p>

14

<p>Also agree with the belt mill comments. But the OP’s son has gained a love of martial arts through this experience and probably some good friends along the way.</p>

<p>My child was ejected from our first school by a petty and arrogant owner after reaching for more by connecting with some incredibly talented people outside the school. Unfortunately there are a lot of sheisters out there.</p>

15

<p>Based on the Op’s tird and sixth paragraphs, it does sound like this is a belt mill that charges a “package price” based on receiving a belt within defined times. “eight months away” from receiving a black belt, will charge only 1 year I instead of “16 months” to get a 2nd degree black belt? It’s even unclear that the school will allow the OP"s son to test now without paying more money since he has exceeded the proscribed time for black belt testing. Anyway you cut it, it’s a financial scam designed to induce students to pay huge sums of money up front for a promise of a belt within a defined period. </p>

<p>I agree that based on the facts as presented, the OP could see a lawyer, file a small claims action and probably get a monetary remedy. Or the OP could go to the state attorney general’s office that probably has a division that enforces state consumer protection laws, particularly if the state has passed laws, as many have, regulating the financial practices of gyms and fitness centers.</p>