Contract

Projects and Investigations Defunct Project Threads
1

As you may know, bullshido member Rah was once at West Wind. This is a PM he sent me with a typed version of the contract he signed with them. I am going to see if he’ll bring the hard copy to class on Tuesday.

Ok guys here is a typed out copy of the contract West-Wind made me sign:

West-Wind Schools Personal Defense Consultation Contract

Name: -----------------------
Phone:-----------------------
Address:--------------------

It is agreed between the above named student, hereafter referred to as Student
and West-Wind Schools that the student complete

West-Wind Schools Instructor Trial Program (4 months)

For the sum of $500. Payable in monthly installments until paid in full.

West-Wind Schools requires 24 hours advance notice for any rescheduling of lessons.
Student will be responsible for completeing all lessons before program expires.
Postponement of lessons will not affect any other terms of this agreement.
Student will be provided a qualified instructor and agrees that West-Wind Schools
cannot Guarantee any specific instructor selected by student.

Student acknowledges the risk of personal injury by participating in the above course
instruction, and assumes this risk without liability to West-Wind Schools. Student hereby
represents that he/she is physically fit to take the prescribed program and has participated
in the above described instruction prior to the signing of this document.

Should this agreement be terminated by either party prior to to completion of said program,
a minimum processing fee of $300 will be charged to student and up to 25%
administrative fees may be attached to any refunded prepaid amount. To cancel this
agreement, student must provide 30-day advance notice by certified letter, which includes
reason for cancellation, a copy of this document, and all receipts or other proof of
payment to 5901 Christie Ave Suite 108 Emeryville, CA 94608. In the absense of said
documentation, any default by student in making scheduled payments for lessons
provided by West-Wind Schools will be collected immediately, and may include up to
25% late fees, collection costs, and any court costs or attorney fees.

No other oral or written representations have been made between student and West-Wind
Schools except as are expressly recited in the above enrollment form, a copy of which has
been provided for student.

Student: --------------------------------------- Date:-------------------

West-Wind Schools representative: Kobie Mahiri Date:------------------------

I wish I had the legal abilities to deconstruct this. If Samuel or Mr. Mantis want to chime in…

2

West-Wind Schools Instructor Trial Program (4 months)

For the sum of $500. Payable in monthly installments until paid in full.

[Perhaps they think that the name “Instructor Trial Program” will help them defend the cost of the services provided]

West-Wind Schools requires 24 hours advance notice for any rescheduling of lessons. [or else? Implies all lessons are private rather than regularly scheduled group.]

Student will be responsible for completeing all lessons before program expires.
[or else?]

Postponement of lessons will not affect any other terms of this agreement.Student will be provided a qualified instructor and agrees that West-Wind Schools cannot Guarantee any specific instructor selected by student.

Student acknowledges the risk of personal injury by participating in the above course instruction, and assumes this risk without liability to West-Wind Schools. Student hereby represents that he/she is physically fit to take the prescribed program and has participated in the above described instruction prior to the signing of this document.
[standard disclaimer, last sentance indicates that student has a basis of knowledge concerning instruction before they sign contract]

Should this agreement be terminated by either party prior to to completion of said program, a minimum processing fee of $300 will be charged to student and up to 25% administrative fees may be attached to any refunded prepaid amount.

[an admission that in california one can cancel a martial arts contract under some circumstances, however even if the school decides to reject their instructor trainee they can rape him for an additional $300 and what looks like 25% of the balance, sweet!]

To cancel this agreement, student must provide 30-day advance notice by certified letter, which includes reason for cancellation, a copy of this document, and all receipts or other proof of payment to 5901 Christie Ave Suite 108 Emeryville, CA 94608.
[this is probably boiler plate required by CA law.]

In the absense of said documentation, any default by student in making scheduled payments for lessons provided by West-Wind Schools will be collected immediately, and may include up to 25% late fees, collection costs, and any court costs or attorney fees.

[So if you don’t provide exactly the right paperwork when you cancel they default you and get you tp pay for their legal fees, double sweet.]

No other oral or written representations have been made between student and West-Wind Schools except as are expressly recited in the above enrollment form, a copy of which has been provided for student.

[Anything else the instructor told you doesn’t mean shit.]

It appears this is a short term suplimentary contract that is in addition to the one which would cover group lessons. So student may be paying $200 a month, they agree to take some privates and this agreement would cover this instruction. The problem with this contract is if they cancel because they want to, you are still responsible for their costs and secondly while it specifies the contract is for 4 months is does not specify the number of private lessons to be given which I find odd.

3

Mr. Browning,

Do you think this “West-Wind Schools Instructor Trial Program (4 months)” is a sufficient statement of consideration?

They reiterate the 4 corners doctrine in the contract, and if that’s the case, I as an outside person have no idea what that is supposed to mean.

Void for vagueness? Or am I grasping at straws?

4

No I don’t think that you’re grasping, I think because its for lessons over a four month period, they may get away with it though since it looks like the contract is tied to a specific number of lessons which they do not mention it could be void.

"Student will be responsible for completeing all lessons before program expires. "

Point to mantis.