North Carolina prepaid entertainment contract

Hi All,

I signed up for a personal trainer several months ago and went to a few sessions, but then my trainer left to work somewhere else and I never bothered to schedule sessions with another trainer. Now a few months have passed and I decided I wanted to cancel. I looked at my contract and it mentioned the North Carolina law that governs it, which is here:

http://www.ncga.state.nc.us/EnactedL...Article_21.pdf

The law calls the contract a "prepaid entertainment contract," and, since the total value of the contract was more than $1500, gives me the right to a refund for "the pro rata cost of any unused services" minus a cancellation fee of the lessor of 25% or $500. I took this to mean that I should be able to get a refund for the sessions that I did not use, but when I called the company they told me that they calculate it based only on the the number of months I haven't paid for yet, and that I would actually need to pay them around $200 to cancel the remainder of my contract, despite not having used all my sessions. This strikes me as contrary to the law linked above.

I've written up a letter to them which cites various parts of the law and lays out my claim. If someone with legal expertise could look it over and let me know if they think I've interpreted the law correctly, I'd really appreciate it:

http://www.liztail.com/cancelation_notice.html

Thanks a lot!

You are correct and should prevail in small claims if you need to file suit.

Thank you very much!