Imagination Stage - Canceled, Keeping Entire Tuition

[Anonymous]

Anonymous wrote:someone on another thread who is a lawyer said this about refunds

this is a simple contract question. You paid consideration X to Party Y for service Z. X was non-refundable under the terms of the contract. However, Party Y failed to perform service Z, therefore the contract is now VOID. The fact that consideration X was nonrefundable per the terms of the contract is moot, because the contract is no longer operative. Therefore, your consideration should be returned. If Party Y wants to blame their failure to perform on someone or something else, that is their issue to pursue

This a text book example, not a smart lawyer.

[Anonymous]

Anonymous wrote:

Anonymous wrote:I got that email. The flippant tone of it has my strongly considering a chargeback or a dispute with my credit card company. Just because they can’t keep enough in reserve doesn’t mean they can steal my money as a forced donation.

I spoke to my processing company today. Charge backs are less than 25% upheld if they are offering online options. The facility wins this one.

Correct. It’s considered as service rendered. The circumstances also play a role.

[Anonymous]

The original title is misleading. Offering a full credit for next year is not the same as keeping the entire tuition, as may be legal under the K.

I understand that a credit is not as good as a refund, especially for some families, but it is a far cry from you simply being out the money altogether.

[Anonymous]

Seriously people, we need to sign up for all the virtual camp and what not if they want a chance to survive. Or just donations.

[Anonymous]

So next year when they don’t exist so can’t provide a camp I can file against them in their bankruptcy proceeding - is that what folks are saying ?

[Anonymous]

Anonymous wrote:someone on another thread who is a lawyer said this about refunds

this is a simple contract question. You paid consideration X to Party Y for service Z. X was non-refundable under the terms of the contract. However, Party Y failed to perform service Z, therefore the contract is now VOID. The fact that consideration X was nonrefundable per the terms of the contract is moot, because the contract is no longer operative. Therefore, your consideration should be returned. If Party Y wants to blame their failure to perform on someone or something else, that is their issue to pursue

This isn't exactly right. Here, the contract was enforceable because of an event outside the control of either party- a force majeur. There is a question as to who bears that risk, and it's not simple. I'm an international disputes lawyer and this question, on a larger scale, has already begun to be a big source of litigation

[Anonymous]

Anonymous wrote:So next year when they don’t exist so can’t provide a camp I can file against them in their bankruptcy proceeding - is that what folks are saying ?

It wouldn't be worth your time to do so, but yes, that would be your option. The major downside to the credit is that there is a chance the company still goes under and you would be SOL.

[Anonymous]

I am registered for camp there this year, and have been taking my children to their shows since they were little. It wasn’t our first year being registered for camp there either, but it will be our last. Out of the myriad camps and classes I’ve received communications from re: pandemic issues, they have pissed me off the most.

[Anonymous]

I would take advantage of their virtual camp this year in case they go out of business. I would never give them another dime if the future. It surprises me how blasé some of you are about hundreds of dollars being lost from YOUR bottom line. I don’t care if they have a facility to maintain—so do you!

[Anonymous]

We were also signed up for lots of IS camp. I want Imagination Stage to survive as an institution. To me, this was a reasonable policy. we are signing up for lots of the virtual camp (including for weeks we were not previously signed up for their camps) to use the gift card. I thought the email was straightforward, transparent, etc.

[Anonymous]

Anonymous wrote:I would take advantage of their virtual camp this year in case they go out of business. I would never give them another dime if the future. It surprises me how blasé some of you are about hundreds of dollars being lost from YOUR bottom line. I don’t care if they have a facility to maintain—so do you!

I guess I just understand that I live in a larger community. No one I. The world is coming out of this whole. No one. It is myopic to think otherwise.

[Anonymous]

I think that if the camp is on and you cancel because you don’t feel safe, it’s on you. If they cancel they should refund or credit.

[Anonymous]

Anonymous wrote:I think that if the camp is on and you cancel because you don’t feel safe, it’s on you. If they cancel they should refund or credit.

+1 if they are providing that service virtually because of something outside their control, then it seems to me it's your decision to not have your kid attend, then you should forfeit the fees.

My kids are doing a virtual camp. I have paid $800 to another camp for August, and they have not made the decision yet about whether they will do it virtually or not, but if they do, then we will just have to make do and DC will have to do it virtually.

[Anonymous]

File suit.

[Anonymous]

Anonymous wrote:

Anonymous wrote:I think that if the camp is on and you cancel because you don’t feel safe, it’s on you. If they cancel they should refund or credit.

+1 if they are providing that service virtually because of something outside their control, then it seems to me it's your decision to not have your kid attend, then you should forfeit the fees.

My kids are doing a virtual camp. I have paid $800 to another camp for August, and they have not made the decision yet about whether they will do it virtually or not, but if they do, then we will just have to make do and DC will have to do it virtually.

Certainly not the same service for which you registered, so I respectfully disagree.