Am I Liable For This Invoice?

[DonaldDuck92]

Hi AnswerBank Community

I have a question regarding a service and an invoice received.

In May I signed up with a business coach and she advised I needed 11 sessions at X cost which would be payable over 5 invoices.

I have only used nine sessions to date and the 5th (and final) invoice is due this week.

I don't want to have the other two sessions. I think our work was complete by session 8, and the value has dwindled in my opinion.

The contract supplied at the start of the agreement says:

Termination
Should the client or the coach determine that insufficient progress or cooperation exists after the initial 2 sessions, either party may cancel this agreement. In this case the refund will be applied to the amount exceeding payment for the first two sessions assuming pro rata calculation based on 11 sessions/ or the participant will be liable for the payment of the equivalent to 2 sessions, pro rata.
This contract is binding thereafter, and full payment is expected from the client as per payment schedule.

How do I stand in relation to all of this? Do I have a right to cancel?

I did message the coach and explain that I didn't want to proceed with more sessions and that I feel that we had come to a conclusion in the work but I've been told I have to pay.

All advice appreciated.

[bobbinwales]

A think that if you think you have got what you wantred out of the course you should pay infull. Am not sure the bit about canceling after 2 session's is relavent here

[bhg481]

To me it reads that you could have cancelled immediately after the first two sessions and, if you didn't, you are committed to pay for all the remaining sessions.

[woofgang]

according to the contract you do
"the contract is binding thereafter and full payment is expected from the client as per payment schedule"

[andy-hughes]

I'd agree.

The fact that you think you are done does not reflect on the contract, and the coach's entitlement to be paid.

The coach is willing to honour their side by completing as agreed, they should not lose money based on your choice to finish early.

[Buenchico]

I also agree that you've entered into a contract (with the other party to that contract still be willing to honour it, even if you're no longer interested), so you're obliged to keep to your part of the contract.

[Ellipsis]

You are liable. I suggest putting in some effort to making sure you get the most out of the last two sessions. Presumably the coach has a plan for each of the 11 sessions, otherwise 11 is a funny number to fix. Quite possibly the tenth session is the final new content and the eleventh is a recap.

See if you can find out what the plan is for the last two sessions, then prep for each one and make sure you have all the questions ready that you want to be answered.

[THECORBYLOON]

I'm confused by the use of "pro rata" in the payment and refund.

If the sessions are a fixed amount, what does the "pro rata" relate to? A "payment of the equivalent to 2 sessions, pro rata." does not make sense to me as it's not a proportion of anything.

As five invoices were scheduled, it makes sense each was for at least two months paid in advance. The terms refer to a refund of the "amount exceeding payment for the first two sessions" suggesting more than one payment can be made and a refund given.

I read that to mean a refund can be given at ANY point after the first two sessions and not only after having those two sessions and THEN deciding not to carry on.

[Zacs-Master]

Pretty clear that the escape route was only available after 2 sessions otherwise full payment is req’d.

[THECORBYLOON]

What does the "pro rata" relate to?

[Buenchico]

TCL:
The 'pro rata' bit means that, if either party had taken up the option to cancel the contract after the first two sessions, DonaldDuck92 would have been entitled to a refund equal to what she'd paid up to that point minus two elevenths of the total agreed for the full contract (assuming that she'd already paid for more than two sessions). If, at that point though, she'd paid for less than two elevenths of the full amount, she'd have had to pay the excess required in order to bring her payment up to that level.

It's entirely irrelevant now anyway, as the 'two elevenths' point has long since passed.

[THECORBYLOON]

What I'm getting at is the sessions were at a fixed amount so there was no "pro rata" and it's not the clearest of contracts.

[jno]

it sounds as though the sessions weren't charged individually, the whole package cost £X (though split among five payments). So if you quit early they'd have to divide by 11 to assess the amount refundable.

[THECORBYLOON]

I have no idea..