Getting out of hair club contract

[beans]

 Hello Everyone my name is Rodriger Smith

  I am trying to get out of my current hair club contract. I signed a 12 month contract and i decided to cancel after 3 months of using it because i could not make the appointments because of my busy work schedule so i called the hair club and told them i need to cancel. They said they need a 90 day notice in order to cancel. They said that i have to continue using their service and making my monthly payments for the next three months because that is what i signed for in the contract. So i read my contract and it did in fact say " This program is not subject to cancellation unless client presents a written letter of cancellation 90 days prior to their actual desired cancellation date.Cancellation of contract will occur 90 days from actual receipt of cancellation notice from client. ALL MONTHLY PAYMENTS WILL STAY IN EFFECT UNTIL CANCELLATION DATE" So i decided at that point that i will have to follow through with the contract for the next three months and figure out a way to work the appointments into my schedule. According to my stylist,  I was due for a new hair system two weeks prior to submitting my written cancellation notice. My hair system was deteriorating to the point it did not look real anymore. A few days ago, i went in to get a new hair system cut in. The salon manager refused to give me a new hair piece and said that she could clean the current hair system and put it back on. I told her that my hair piece is way over due, you guys promised me a new hair piece every 6 weeks and now since i decided to cancel, you want me to stay for the next 3 months but you do not want to give me a new hair piece. I said, how do you expect me to stay with you for 3 months if you are not going to give me the service you promised? The salon manager replied that you are canceling your contract therefore, you do not get a new hair piece. I said my contract is not canceled YET. It is canceled 90 days after the notice so therefore i should be entitled to all services up to cancellation date. I was very calm with her and she began yelling at me telling me i dont care what you say, you are not getting a new hair piece and you must continue on with our service for the next 3 months and she stormed out of the room.

 In my opinion, this is a breach of a contract because she is not providing me the services she had promised me. What should i do in this situation?

[Frontier Guy]

Does the contract state the (unconditional) frequency of receiving the new hairpiece? If not, and the six weeks timing was verbal, you have a much more difficult position.

I'm not a lawyer, but if it's not in writing I think you are stuck paying. You are certainly not the first person to cancel and their contracts are probably ironclad in that area.

Personally, I'd not venture into the establishment again, pay the 90 days to end the contract, consider it an expensive life lesson, and move on.

[geeman]

Why not shave....then you wont need to worry?

[Sir Harry]

Welcome to the forum, sir! I'm sorry that you had such a bad experience with these people...but as was said by Frontier Guy, you may be stuck for ninety days which is unfortunate. However you could look into filing a complaint with Better Business Bureau...bad reviews hurts almost any business. Are you thinking about going sly? Thanks for sharing your story anf good luck to you in the future.

[Cave Dweller]

Welcome, Rodriger.

I am afraid Frontier Guy is correct.  Unless the contract specifies exactly what services the business will provide, it will be almost impossible to force it to do more for you. These contracts are written by the businesses for the benefit of the businesses, therefore whatever services the contract might state it will provide probably are qualified with the phrase "may include" or something to the effect that the business has sole discretion in determining what to provide on any given appointment.

I am willing to bet there also is a clause that states all disputes will be resolved by binding arbitration for which you will have to pay at least one-half the cost.

Look forward. What did you plan to do after leaving the HCM?

[beans]

  Thank You for the warm welcome and replies guys! I am going to go ahead and type up the entire contract so you guys get a much more clear picture. I was planning on going through with the payments but as i mentioned earlier i am having second thoughts about going through with the payments now after the incident a couple days ago. So here is the contract :

  "The Monthly Payment indicated must be paid for 12 months

 This amount is guaranteed for 12 months

 UP TO: 8 new hair replacement process will be installed year. The other system will be returned as a trade in when the next system is installed. This program is not subject to cancellation unless client presents a written letter of cancellation 90 days prior to their actual desired cancellation date. Cancellation of contract will occur 90 days from actual receipt of cancellation notice from client- All monthly payments will stay in effect until cancellation date. THIS IS A SERVICE CONTRACT- IF ALL UNITES ARE NOT CUT IN WITHIN A CONTRACTUAL YEAR, UNCUT UNITS WILL NOT CARRY OVER TO THE NEXT CONTRACT. CLIENTS DO NOT OWN THE DERMA LENS HAIR SYSTEMS. ALL DERMA LENS SYSTEMS MUST BE RETURNED TO THE MANUFACTURER UPON CANCELLATION OF CONTRACT. Program contracts are continual service contracts which do not expire. Monthly payments on original contracts are guaranteed for 12 months. This indicates although the contract is continual, your monthly payment will not increase for a 12month period. If an increase does occur during that time frame, clients will not be affected by the increase. ALL MONTHLY PAYMENTS ARE DUE ON THE FIRST OF EVERY MONTH IN ORDER TO ENSURE CONTINUAL HAIR AND SERVICE RECEIPT.

[Cave Dweller]

Yep. There is the qualifier. "Up to eight" means a MAXIMUM of eight. In other words, supplying you with one fulfilled that obligation regardless of what a stylest may have said to you.

As I said before, look forward now. What were you planning to do when you got out of HCM?

[mangosink12572]

Welcome to SLY BALD GUYS - - - When the piece wears out  - -this is the way to go.

 Keeping SLY will cost less per year  than you were paying a month to the hair club.     How do you like the feeling  of  a nice smooth SLY BALD HEAD?  Nothing like it.

[slymyke]

Welcome, Rodriger!  Sorry to hear about the hassle you are getting from the hair club.  They seemed to have that contract worded very carefully.  I was noticing the same thing Cave Dweller pointed out:  "up to 8".. plus they say the client does not own the unit.  So the contract seems to be simply locking in the monthly price for a year and providing service for a unit of "hair". 

I wholeheartedly agree with the guys who say you should not revisit them for service again.  Move on, because they are not going to take care of you.  It is a hard lesson for sure, but haven't we all made expensive mistakes in some area or another?===or in my case several areas....lol.

If you are ready to shave and move on, we are here for you.  Maybe if you get a break for the Holidays, you can do it during that time and come back to work a new man. ----or maybe over a weekend.  Any man has the right to shave his head at any time...for whatever reason, so don't feel like you owe any explanations to the nosy people.  You can simply want to shave your head "just because"   end of explanation. 

[baldjoeg]

Welcome to SBG. Sorry to hear about your problems with Mens Hair Club. I hope that you will join us and go sly. I am sure that you will like it. THe other guys have given you some great advice. Take care and good luck ot you.