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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Do I really have to pay a terms fees if we leave?

19 replies

Softplayismysecondhome · 29/09/2023 10:56

My DD 5yrs attended a club for a few months; gradually became less enthusiastic about it, I wasn’t blown away by the teacher, was a bit of a joke outfit to be honest. Think most of the half hour class being taken up getting other pupils to try on different fitting dance shoes etc. teacher also made several sarcastic remarks to DD which I felt inappropriate considering she’s 5. Anyway at the end of the last term, we decided not to sign up for another term. End of that or so I thought. I’ve now got the owner of the dance school emailing me to say if DD isn’t returning as per the terms and conditions I have to pay another full terms fees. I didn’t realise this was the case or I would have of course given notice.
is that actually enforceable? Can it be pursued in the small claims court for example?
moneys tight and to be honest I would massively resent paying it as I was very underwhelmed with them anyway added to the fact the teacher wasn’t always that kind to DD!
AIBU to ignore her email? Am I likely to get in trouble if I do?

OP posts:
S910441 · 29/09/2023 11:00

Did you sign a contract?

Original poster
Softplayismysecondhome · 29/09/2023 11:04

I signed the terms and conditions as part of the paperwork bundle when I signed her up originally 😬 but didn’t notice that bit

OP posts:
Comefromaway · 29/09/2023 11:06

At any point in the enrolment process were you given/told the terms and conditions? When I used to run children's classes it was on the paper or online enrolment form parents filled out )it was a half terms notice or fees in lieu though not a full term.

But yes, if you were given those terms (don't have to sign them just to have been told them) then they could pursue you in small claims.

PickledPurplePickle · 29/09/2023 11:09

Yes if you were given the T's & C's before you signed then you agreed to them and they apply

enchantedsquirrelwood · 29/09/2023 11:11

I don't know why people have clauses like this - if you stop going they can give the place to someone else, they are not losing out if you pay in advance.

In theory they could take you to court but I can't see it would be worth it if you think they've provided a slapdash service and it's easy for them to give your dd's place to someone else - there is a duty in law to mitigate your loss.

Sprogonthetyne · 29/09/2023 11:12

Do you still have the paperwork to check? You probably should have sent an email at the end of last term. If they've kept a place for her, and potentially turned away other business, I can kind of see their point. But realistically, I doubt they'll actually drag you through small claims court for a terms worth of kids classes (guessing 12×£5-10). It just wouldn't be worth the time or expensive of pursuing it.

enchantedsquirrelwood · 29/09/2023 11:13

Also just to say that the fact that you have agreed terms doesn't mean they apply. Terms in consumer contracts must be fair to be enforceable.

A long termination notice period is not necessarily fair, and that means that it is not necessarily enforceable. We don't know if it's fair or enforceable on here, but neither does your dance teacher. Only a judge can decide. Will she be bothered to take it to court?

Comefromaway · 29/09/2023 11:15

I don't know why people have clauses like this - if you stop going they can give the place to someone else, they are not losing out if you pay in advance.

It can be difficult to fill the place with short notice. The club might have turned people away who went elsewhere.

I did used to be flexible, especially with younger children, if the parents contacted me before the start of term and I could fill the place I didn't charge.

Nevermind31 · 29/09/2023 11:18

You signed the terms and conditions. you could find someone to fill the place, or mention that you had concerns about the class - very little teaching and inappropriate comments.

Niinja · 29/09/2023 11:21

Dance schools are terrible for this.

I think it's more likely that they will send you a couple of nasty messages and then stop bothering you than take it any further. I have asked them to waive it before and they have agreed. I think it's a bit of a confidence trick myself, they hope people will pay up for a quiet life. Small claims court might be a possibility but I think it's a very remote one, and that will only find against you if you were clearly made aware of T&C's when signing AND the T&C's were reasonable. I'm not at all sure these ones are, it seems disproportionate to me, and I have never heard of a dance school pursuing it myself.

If you try another dance school in future, I would suggest pushing back against this clause when signing up. They probably want your custom enough at that point to agree to drop it for you. Schools that have more faith in their product don"t need to put this clause in at all.

Fairymcclary · 29/09/2023 11:32

How did you let her know you were no longer attending? Did you tell her or write to her at the end of last term? Did she respond? Or did you just not turn up?

If you told her I would call her and discuss as she should have reminded you about the one term notice at that point and it seems unfair she didn’t.

If you just didn’t return then you should pay as per the t and Cs. Yes she could fill the spot but not if she didn’t realise you were not coming back. If every parent dropped out without notice she wouldn’t have a class or an income. There is likely to be a max number she can take. The term notice is common (school music lesson for example) swimming us month usually this is so the teachers can advertise and get new students. If not people would just not turn up due to holidays or sickness and no one could afford to run kids clubs.

You may not like the class, it may be rubbish, but you have to tell her you are stopping classes. If you did tell her/wrote and told her then call and discuss.

Dibbydoos · 29/09/2023 12:45

Check the full T&Cs.

I would respond by saying the inappropriate things the teacher has said to your DD as the real reason for leaving quote some so there is no question as to the appropriateness. They can't force you to pay if your child is being mistreated.

AbbeyGailsParty · 29/09/2023 12:48

If you signed the terms and conditions and this was one of them then yes you have to abide by them.
Ask the teacher to send you a copy of the one you signed. If correctly signed then send them payment as they will go to small claims and you’ll end up with costs on top.

Comefromaway · 29/09/2023 12:53

They don't have to be signed. If the OP was made aware of them then by continuing to send her daughter to the classes she implied acceptance of them.

BrawnWild · 29/09/2023 12:57

Can you argue the terms e.g. as per the terms of the contract, you didnt provide the professional instruction you said you would. This is my reason for thinking that. I'd also tell them that if they really want to enforce payment, fine, but you will leave some honest reviews so that any new joiners are alert to the issues you experienced and can leave at the earliest opportunity if they see it still happening as it isnt a one off.

Finteq · 29/09/2023 12:59

Yes

But you should still be able to go for that term.

Oysterbabe · 29/09/2023 13:09

What do the T&Cs actually say about giving notice?

CatamaranViper · 29/09/2023 14:08

Did you ever mention to the school that you weren't happy?

mondaytosunday · 29/09/2023 16:12

If you signed it and it's in the contract then yes. Most places ask for a terms notice. The fact you didn't read it thoroughly is on you.

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