Fort Lauderdale, FL asked in Civil Litigation, Contracts and Small Claims for Florida

Q: Does a text msg stating all we have to do to get out of our soccer agreement take the place of the original agreement?

My son played for a soccer club here and they said when we signed up there was an agreement we had to pay a release fee if we wanted out. The club has failed numerous times to provide us this agreement and on our payment receipts at the bottom is an agreement and no mention of this fee. Also they have changed the agreement on our last receipt dated December 14 to add some new wording at the bottom which doesn't match up to our other 3 receipts and still no mention of a release fee. They have made numerous verbal agreements with us stating we are free to leave whenever we want. I also have 2 text messages from the President of the club stating once we had a balance of $0 he would grant our release. We also have 2 text from the administrator stating the same thing. I have paid the entire cost and have a $0 balance. Now they will not release my son without us having to pay a release fee of $500. Other verbal agreements with us have been made and none have been upheld. What can we do?

2 Lawyer Answers
Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • MIramar Beach, FL
  • Licensed in Florida

A: No way to say for sure here online. You need to consult with a lawyer in your area and have the lawyer contact the soccer club and basically require them to prove the contract terms that allows them to charge you the release fee.

Good luck,

Griffin Klema
Griffin Klema
Answered
  • Tampa, FL
  • Licensed in Florida

A: It's unclear what you mean by "release." Does the club have any of your (or your son's) property? Are you at risk of being bad-mouthed by the club, or not invited back for next year? Based on the information you provided, it seems that there should not be anything further you owe, but without reviewing the specific documents and texts, it is unclear. If the club has nothing in its possession that you want returned or other negative consequences that you might be worried about (other than being accused of owing money), you might consider writing a letter memorializing in writing your understanding of the agreement, including that your account is paid in full, and keep a positive tone. Hopefully that will make clear what your understanding is (that there was never any cancellation fee, or if there was one, it was waived/withdrawn by the club). If you receive a demand letter from a lawyer, I strongly recommend contacting a litigator to review your case in more detail. Good luck!

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