VIC Refund from Personal Training

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Kat65

Member
10 March 2020
2
0
1
Hi.

I have a question regarding personal training.

I've agreed with a PT, who I personally know and have done training with before, on a 'VIP' personal training plan last year in October. The program would include a daily training program, food plan and personal 1 on 1 access to him and free life time access to his app which has even more info.

Due to work commitments I couldn't start immediately as I was off to the SA desert without much internet access there. We decided to start after I've come back. There was an additional week that I took off when I traveled to Qld. So all up after 3 weeks of paying him half of the special deal I was ready to start.

However, while in Queensland I needed to see a doctor and was diagnosed with a health condition that made it unsuitable to follow the training regime and food plan that he was preparing. I informed him immediately that I can not start his program until I'm better which won't be for a few months according to the doctor. I asked for a refund. This was in November 2019.

Since then we have had phone conversations and dozen of texts where he always comes up with an excuse why he can't pay it back yet. I have offered to pay me in two instalments if that would make it easier. Nothing yet. For 4 months this is going on for a mere $750. We never have signed anything. All I have are the many texts and some emails. All he's done for that money is given me a food plan which was exactly the same as he has given me previously, although he assured me this was a personal made up plan and he spend a lot of time on it. There is absolutely no evidence for that.

My question is, do I have any right to apply to the small claim tribunal? What are your suggestions to deal with this situation.

Thank you in advance.
Katharina
 

Tim W

Lawyer
LawTap Verified
28 April 2014
3,760
710
2,894
Sydney
Like most microbusinesses, he doesn't have the cash, and can't raise it.

Sure, you can apply to the tribunal.
Just remember, that the original contract was frustrated by you, not by him.
 

Kat65

Member
10 March 2020
2
0
1
I understand that the verbal agreement was negated by me. He has though agreed to refund me. However it’s now a back and forth which is frustrating. So with small claims tribunal I just fill out an application and submit it? When I looked at the guidelines they were talking about employers and employees so I assumed it’s something I can’t pursue.