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Hi, my son was in an afterschool martial arts program. The elementary school told me that they are repeatly late, they have to call to see where they are at and on one occasion my son told the driver to leave saying that I was going to give him a ride. The driver left and no one verified that I actually had my son (I was in a parent/teacher conference!). The last occurrence the center was over an hour late and told the school office that they forgot! When I went to see them they told me that it was "no big deal" that I could "withdrawal my son but they would not let me out of the contract". I told them that they endangered my son when they forgot and breached the contract. The billing company told me that it is up to them to call to cancel but that I was obligated to the contract. I told them that I refused to pay for services. My son is also in counseling for emotional issues of which this center was well aware of. Oh to top it, had they been another 15 minutes later the school would have called the police! The down side is that the elementary school won't write me a letter for the billing company because the board advised them that they are a 3rd party. What do I do now? Thanks for the help.
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I'd start writing letters to the school board, to the Karati company, to the billing company, etc. But I think it is time you read the contract you signed. The fact is that they had a duty to keep your son safe. They failed. You cannot entrust them with your son's welfare after even ONE failed pickup. The billing company is not who you contracted with... you contracted with the Karati school. Verify this please. Both of them are liable for keeping your son safe if they are in this business together. I seriously doubt any judge would hold you to a breached contract... So 1st option) get a lawyer to write two letters restating that they breached the contract by leaving your son at the school and cancelling the contract due to that fundamental breach of fiduciary duty. You will be daring them to take you to court. OR 2nd option)It is probably small claims, so be ready to potentially take them there yourself to get the contract voided at a cost of under $100.
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