Should I sue for up front fees paid to an athletic program that kicked my daughter off the team for absolutely no reason?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Should I sue for up front fees paid to an athletic program that kicked my daughter off the team for absolutely no reason?

My daughter was kicked off a cheer team (competitive cheerleading) for the owner stating she’s “no longer compatible with their organization”. We paid up front for competition fees (about $500). The owner was caught bullying one of the other members and, as a parent, expressed concern which led to my daughter being removed from the program. Are they allowed to keep the fees for competitions we paid for especially since they decided to kick her off the team (i.e. we didn’t decide to remove ourselves, that would be different)? Our daughter wasn and always had been, in good standing.

Asked on March 22, 2012 under Business Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

As a general matter, if the team kicked your daughter off and it was not for her material (or important) breach of team rules, or some criminal or safety violation, they should have to return at least  the pro rata or "unused" portion of the fees.

However, you need to review any agreements you executed when signing her up for the team--if they state that team members may be kicked off at any time for any reason but fees are unrefundable when that happens (or something to that effect), that clause or term should be enforceable and you'd likely not be entitled to a refund.

And if your daughter was kicked off for some significant wrongoing, then again, they may be entitled to keep the fee. It's only when she is kicked off without wrongdoing, and without a contractual provision allowing them to keep the fees even in that situation, that you would get a refund.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption