Full question:
We signed a contract for a competitive sports team for my 11 year old. The financial agreement was for $80 per month for 12 months. After two weeks of practice we realized that this is not the team for us. Several things were promised but not delivered (ie all star experienced only team, gymnastics coach). In addition, the overall skill level, organization and potential for advancement is less than we expected. We have decided to pull our child off of the team - ready to deal with the financial implications. Unfortunately, we now see the following statement in the contract: 'I agree that the cheerleader may be dismissed from the team with little or no warning due to violations in the handbook and agree that they will not participate on another team for 90 days from dismal or discontinuation'. The handbook does not address leaving the team (just missing practices, failure to make payments, etc) Does this statement cover us leaving or only if they dismiss us? If we chose to still sign our child up for another team before the 90 days that the team decides upon legal action, what is the worst that could happen?
- Category: Contracts
- Subcategory: Breach of Contract
- Date:
- State: Virginia
Answer:
This situation involves contract interpretation based on legal principles. The statement in your contract may apply only to dismissals due to handbook violations, but this will ultimately depend on how a court interprets the contract in light of the facts and circumstances. For instance, if there are separate clauses about canceling membership that do not include similar restrictions, it may suggest that the 90-day clause does not apply to your decision to leave.
Contract law generally follows a hierarchy of evidence to clarify vague terms, which includes:
- Terms discussed and exchanged that do not contradict the contract;
- Conduct of the parties involved;
- Industry customs and practices;
- Applicable laws regarding damages and liabilities.
If you violate a non-compete clause, the team may seek injunctive relief or monetary damages. However, courts typically avoid imposing unreasonable restrictions on individuals. They aim to balance the interests of both parties involved. Factors such as whether there are trade secrets or customer contacts at stake will influence this balance.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.