On December 7,1999, I signed up my daughter for a modeling course taught at Barbizon School of San Diego. We were charged a non-refundable $200 "registration" fee, along with a down payment, for a total of $395.00.
The contract also specified that 10% of the tuition was non-refundable as well, once the first session was attended. Before signing the contract, we discussed at some length the age of the other girls who would be in my daughter's group, and the importance of starting at the same time on Session One with this group.
Both my daughter and I emphasized these two points as necessary conditions of enrollment. We were firmly and specifically assured that no one would be over the age of 18, and she would start at the first session for her particular group. However, when my daughter arrived on time the correct day for Session One (Saturday, December 11), she was enrolled with a group consisting of a wide variety of ages, up to 21; one woman was married.in addition, the session was NOT the first, it was the second, and she was told she would have to "make up" the first session some other time, such as on a school day. My daughter spoke with the saleswoman, Suzie Lindsey, the following week; Suzie said she could wait and start with a different group on January 15.
When I sent a FAX with a contract cancellation notice on January 4, I was informed we would not receive a refund for the registration fee or the session attended in December, bringing the total amount charged to approximately $350.00. The director of the school, Candy Westbrook, made it clear that any given group could contain women over the age of 18, and refused to refund even the 10% (approximately $160) for the one session attended in December.
We feel strongly that the full $395.00 should be refunded, as my daughter would never have registered in the first place had the saleswoman been honest in her description of the ages of the groups.
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