WAG Gabby Douglas and Chow split again

[bookworm]

Per Nia Dennis' ask.fm, Gabby is at Buckeye in Ohio training with Fernando Villa (who came from CA) ....Nia's posts say Gabby will be at VISAs but a "final decision" on staying at Buckeye(for a gym choice) has not been made yet...

 

[flippin out]

Per Nia Dennis' ask.fm, Gabby is at Buckeye in Ohio training with Fernando Villa (who came from CA) ....Nia's posts say Gabby will be at VISAs but a "final decision" on staying at Buckeye(for a gym choice) has not been made yet...

Yes, that is correct. She was there Wed-Sat this past week.

 

[3rd_time_around]

Seems questionable.

Doesn't seem that unusual. Theres a local gym that requires 3 month contracts for class kids, and 1 year contracts for team kids. You have to pay even if you quit or leave and join another gym. And there's another gym in the state that doesn't even give a tuition break or discount if the gymnast is injured, you signed the contract so you still have to pay full tuition.

 

[Seeker]

Doesn't seem that unusual. Theres a local gym that requires 3 month contracts for class kids, and 1 year contracts for team kids. You have to pay even if you quit or leave and join another gym. And there's another gym in the state that doesn't even give a tuition break or discount if the gymnast is injured, you signed the contract so you still have to pay full tuition.

The questionable part is the fact that you have to give a full year notice that you want to leave, not that gyms have annual contracts -- that is pretty standard. Our gym has annual contracts that are renewable in June -- basically stating that you're committed thru the following season, you're responsible for tuition, etc. It's a pretty basic agreement for a club sport and I have no problem signing it.

But I really cannot imagine having to sign that contract in June 2014 and at the same time letting them know that I'd like to be released from the contract in June 2015 so that my DD can train at another gym. I just can't imagine how that year would go -- for both the gymnast and the coaches. Seems like it would be a pretty bad situation for both sides. I don't think they truly expect the gymnast to give notice and stay for a year, but what is the alternative for most families? I certainly could not afford to pay two gyms at once, so DD would either have to struggle thru another year or retire. Those don't really seem like fair or reasonable options for someone just wanting/needing to make a change.

 

[Terry]

Per Nia Dennis' ask.fm, Gabby is at Buckeye in Ohio training with Fernando Villa (who came from CA) ....Nia's posts say Gabby will be at VISAs but a "final decision" on staying at Buckeye(for a gym choice) has not been made yet...

I will be very surprised if gabby is at nationals. very surprised.

 

[Deleted member D3987]

Dunno -- can you comment on this?

which part?

 

[Deleted member D3987]

I will be very surprised if gabby is at nationals. very surprised.

Fernando is a great coach.

 

[Deleted member D3987]

TBH, I'm pretty sure a good lawyer could crush such a contract like that in court similar to injury waivers.

yes, 1st, the athletes are minors. ANY contract signed by them is unenforceable. then there is the Amateur Sports Act. you can have all the contracts you want, but if it impedes movement by the athlete or obstructs opportunities, ANY lawyer will have these kinds of contracts killed.

 

[Terry]

Fernando is a great coach.

I do not doubt that he is

 

[Terry]

which part?

the part about gabby leaving Chows because he wanted a 2 year comittment

 

[Deleted member D3987]

the contracts with adults (Gabby is now an adult and is a professional) ARE enforceable. but minors, no.

 

[Terry]

the contracts with adults (Gabby is now an adult and is a professional) ARE enforceable. but minors, no.

These contracts -- whether signed by parents of minor gymnasts or gymnasts of legal majority -- would be enforceable only as to provable monetary damages.

 

[gymdog]

The questionable part is the fact that you have to give a full year notice that you want to leave, not that gyms have annual contracts -- that is pretty standard. Our gym has annual contracts that are renewable in June -- basically stating that you're committed thru the following season, you're responsible for tuition, etc. It's a pretty basic agreement for a club sport and I have no problem signing it.

But I really cannot imagine having to sign that contract in June 2014 and at the same time letting them know that I'd like to be released from the contract in June 2015 so that my DD can train at another gym. I just can't imagine how that year would go -- for both the gymnast and the coaches. Seems like it would be a pretty bad situation for both sides. I don't think they truly expect the gymnast to give notice and stay for a year, but what is the alternative for most families? I certainly could not afford to pay two gyms at once, so DD would either have to struggle thru another year or retire. Those don't really seem like fair or reasonable options for someone just wanting/needing to make a change.

I guess I just meant Gabby's an adult and would be the one signing it so her mom being the reason didn't make sense. Of course her mom could pressure her but if she REALLY wanted she could sign it.

 

[Seeker]

I see now....that makes sense. Hard to follow all the replies!

 

[BlairBob]

I'm not sure what an Elite would pay per month, but let's say $500 (not likely) to $1000/month (possibly given what some of the gyms in the Bay Area pay for their L10's).

So if a gymnast is liable for 6 months that would barely be equal to the cost of a lawyer at the low end to take it to court (unless you have on retainer somehow, pro-bono or would dare try to DIY).

Maybe 12 months at $750/month could be worth it but it's doubtful if you're gonna pay for a lawyer, which you would be smart to do. On your own you better hope you find a judge that's in your pocket or friendly to your cause.

Even for piddly stuff, a good lawyer can cost 2-3k.

 

[Deleted member D3987]

with all these fights, contracts, gym hopping, not paying bills, etc; Confucius comes to mind.

before you embark on a journey of revenge, dig two graves.

there is never a winner in any of these gym issues.

 

[katlinchen]

I just saw an interview of McKayla. She said she is back in the gym after surgery and serious about training. And Gabby is back in the gym as well.

She says it at the end...

 

[Muddlethru]

I'm not sure what an Elite would pay per month, but let's say $500 (not likely) to $1000/month (possibly given what some of the gyms in the Bay Area pay for their L10's).

So if a gymnast is liable for 6 months that would barely be equal to the cost of a lawyer at the low end to take it to court (unless you have on retainer somehow, pro-bono or would dare try to DIY).

Maybe 12 months at $750/month could be worth it but it's doubtful if you're gonna pay for a lawyer, which you would be smart to do. On your own you better hope you find a judge that's in your pocket or friendly to your cause.

Even for piddly stuff, a good lawyer can cost 2-3k.

I would think most gyms that are owed tuition money would fall under Small Claims. I can't imagine a gym continuing to train an athlete that is more than several months in arrears. But they can file in Small Claims for breach of contract. Small Claims has a maximum claim amount of $5,000. It is pretty inexpensive and you don't need a lawyer. The filing fee in Iowa is $85. Then you have to have the notice served, which cost money. If Defendant does not answer or appear in court, you automatically get a judgment (probably stayed for 30 days). Enforcing the judgement could be tricky. You can garnish wages, levy bank accounts, attach real estate, etc. It will cost money to enforce and research assets and there are no guarantees of recovery. So, I don't see gym owners even taking the time to file a small claims lawsuit.

There does not seem to be a good recourse for gym owners to get tuition owed.

 

[Deleted member D3987]

I would think most gyms that are owed tuition money would fall under Small Claims. I can't imagine a gym continuing to train an athlete that is more than several months in arrears. But they can file in Small Claims for breach of contract. Small Claims has a maximum claim amount of $5,000. It is pretty inexpensive and you don't need a lawyer. The filing fee in Iowa is $85. Then you have to have the notice served, which cost money. If Defendant does not answer or appear in court, you automatically get a judgment (probably stayed for 30 days). Enforcing the judgement could be tricky. You can garnish wages, levy bank accounts, attach real estate, etc. It will cost money to enforce and research assets and there are no guarantees of recovery. So, I don't see gym owners even taking the time to file a small claims lawsuit.

There does not seem to be a good recourse for gym owners to get tuition owed.

actually there is. you just have to know how to go about it. small clams court is correct. the complaint is for "theft of professional services" and the club owner simply needs to appear with good accounting records. it is cheap and you don't need an Attorney. where i live the filing is $15 so that fee will vary depending on jurisdiction. and theft is theft. the judge will throw your *** in jail if the judgement is not paid in as many days as the court allows you to pay up.

 

[Midwestmommy]

Small claims court is a civil action not a criminal one. It's not considered theft, it's a debt. Jail time for willful nonpayment would be extremely rare. Mostly reserved for criminal fines or child support. This is not the 1600s with debtors prisons. That is not done in the U.S., does not happen.