Afterword

It has been 3 months since our Taekwondo contract with American Taekwondo Association Martial Arts school in Anthem, Arizona finally concluded, ending 12 months of payments for classes we would not attend.
I have missed attending class. They were enjoyable, and Taekwondo was something we did together as a family. Part of me would have been happier not knowing how the Llacunas felt about my children, and content in the illusion that we and the Llacunas had mutual respect for one another, and that issues could be discussed and resolved in a mature manner.  Finally, it would have been nice if Ms. Llacuna had honored her word to cancel our contract, when it became apparent that it was in no one's best interest for my family to attend classes at that school.


Nonetheless, what happened, happened, which brings me to two main points:

• Think long and hard before signing a 3 year contract with any school. Three years is a loooong time. Even if you’ve been at a school a while, a good thing can go bad quickly. I have lived that first hand. In the case of our ATA contract, there is no “out,” unless you move more than 25 miles away from any ATA school. You are at the mercy of the school owner, and as a student under contract, you are guaranteed money for the owner(s). Don’t assume that the school’s management will do the right thing. She might just decide to profit from her own bad behavior.  Each ATA school is an independent franchise, and it is basically up to each owner to determine when and under what circumstances they will cancel a contract... if at all.

• Our contract contained an auto-renewal clause, which means it could be automatically renewed by the school for another year, unless we specifically told the school that we did not wish to renew. I feel that this is a shady business practice. It’s pretty likely that you won’t remember the auto-renewal stipulation after 3 years, and you could be on the hook for an additional year, just because you failed to “opt out” of the renewal. A reputable, high quality school should not have to rely on such measures to keep students, and one should wonder about schools that employ such provisions in a contract.

Please evaluate prospective schools carefully.  Some schools will be excellent, some not so much.

Finally, links to some articles, comments and posts.  I cannot attest to the accuracy of these links, and you should definitely do your own research to insure that you find what you're looking for.  

• ATA FAQ
• McDojo FAQ
• Another ATA sucks thread, from former 4th degree instructor
• ATA contract discussion
• ATA taekwondo, Uechi ryu karate, or shaolin kempo karate Im looking for a well rounded system

I will probably look for another martial arts school soon.  There is one that recently opened close to my home that may be worth a look.

Good luck on your own search for a school.

Response received from ATA Martial Arts

From: ATA Martial Arts ataanthem@[removed]
To: Paul [email removed]
Sent: Mon, March 8, 2010 12:18:42 PM
Subject: Re: Cancel membership

The auto renew was cancelled nearly a year ago, in anticipation.

Another cancellation email sent to ATA Martial Arts in Anthem

I did not receive a reply to the email I sent on Saturday to the owners of ATA Martial Arts in Anthem. I sent another email this morning:

From: Paul [email address removed]
To: ataanthem@[removed]
Sent: Mon, March 8, 2010 10:44:58 AM
Subject: Cancel membership

Our membership agreement states that "At end of memberhsip agreement, buyer may cancel. Otherwise membership agreement will automatically renew for an additional 12 months at a rate of $200 per month." Our membership expires on 3/12/10.

We stopped attending your school nearly a year ago. Given our history, it is obvious that we would not wish to "automatically renew" our agreement. Nonetheless, I wish to avoid misunderstandings, so I will state explicitly: We do not wish to renew the agreement.

I would appreciate the courtesy of a reply to acknowledge the receipt of this notice.

Thank you.

Paul

Cancellation Email Sent To Anthem ATA Martial Arts

From: Paul [email address removed]
To: ataanthem@[removed]
Sent: Sat, March 6, 2010 7:40:56 AM
Subject: Cancel membership

Our membership agreement states that "At end of memberhsip agreement, buyer may cancel. Otherwise membership agreement will automatically renew for an additional 12 months at a rate of $200 per month." Our membership expires on 3/12/10.

We stopped attending your school nearly a year ago. Given our history, it is obvious that we would not wish to "automatically renew" our agreement. Nonetheless, I want to make it clear that we do not wish to renew the agreement.

Please acknowledge this message so that I know it has been received.

Thank you.

Paul

My Review of the Anthem ATA Martial Arts School in Anthem, AZ

My family and I went to the Anthem ATA Martial Arts school for 2 ½ years.

In order to get into a program that would allow advancement to black belt, we had to sign a 3 year contract. There was a one-time membership fee of $1176 (we were allowed to make payments), plus 35 payments of $360 per month. This rate covered 4 family members, and subsequent family members could be added at no charge. The contract could be canceled without penalty anytime within 30 days after the date it was signed. Otherwise, the contract could only be canceled under very specific circumstances, such as permanent disability, or moving more than 25 miles away from any American Taewkondo Association (ATA) school. Our contract also had an automatic renewal clause. If one doesn’t cancel the contract at the end of the contract, the membership agreement will automatically renew for an additional 12 months, at $200 per month.

A teaching cycle lasts approximately 8 weeks. If a student has attended the required minimum number of classes (15), and is able to demonstrate the material to the instructor, the student is given permission to graduate to the next belt. In general, the student must be able to demonstrate a Songahm Taekwondo form, a weapons form, a board break (or board break combination), 1 or 2 self-defense sequences, and proficiency with a sparring combination (lower belts) or sparring (at higher belts).

Lower belts are allowed to spar. Higher belts are required to spar. Protective gear must be worn, and the amount of contact allowed is none to light contact with lower belts. Otherwise, it is dictated by what the person being hit is comfortable with (usually light to medium contact). In any event, punches to the face, or contact to the back and lower body are prohibited.

I can’t really speak to the quality of instruction, as this is the only martial arts school I have attended, but it seemed like decent martial arts training. Thankfully, I’ve never had to put it to the test in a real life situation. I have a generally positive outlook on the curriculum, especially for children. The school also teaches “Life Skills” to round out the martial arts training.

Unfortunately, I cannot recommend this school. We had a major falling out with the owners a few months back, when one of the owners treated my wife poorly multiple times in the space of a few days. We have not attended classes since. Although the co-owner promised that our contract would be cancelled, and she said there would be no hard feelings, the co-owner reneged on that promise, and we are obliged to honor the contract. Thus, I have come to the conclusion that the owners do not follow the “Life Skills” they themselves teach. The details can be found at http://www.ughfest.com.

When it comes to choosing any martial arts school, be very cautious when signing a long-term contract. Be wary of schools that include an auto-renewal clause in their contract. And finally, know that while you may initially get along with the school staff, things may go south. Don’t be like us: paying on a contract to a school you are unwelcome at.

The BBB and ATA Martial Arts in Anthem, AZ -- Unsatisfactory Conclusion

After the Llacunas responded to the Better Business Bureau, I sent a follow-up to the Better Business Bureau. Although I felt that it probably wouldn't change anything, I needed to try. The following was my response to the BBB and the Llacunas:

Better Business Bureau:
I have reviewed the response made by the business in reference to complaint ID 7949969, and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.

In my original complaint, I stated that on 3/23, my wife went to discuss events of the previous Saturday with Ms. Llacuna, and Ms. Llacuna “made matters worse.” To expand on that, Ms. Llacuna made several comments about our children, including saying they were “not normal,” calling them “awful,” and told my wife that they needed therapy. I have two issues with this. First, Ms. Llacuna admitted to me in a later conversation that she was upset at my wife for coming in to talk to her. It is apparent that Ms. Llacuna was expressing her anger by verbally attacking my wife through our kids, presumably to put my wife in her place. It also suggests that Ms. Llacuna has treated my wife poorly because she deserves it. I take issue with that. Second, my family had attended the school for over 2 years. Apparently, my children weren’t so “awful” that the Llacunas felt compelled to discuss their concerns about our children before that point, and the Llacunas were certainly willing to take our money and allow our “awful” kids to attend classes.

Despite the words that my wife and Ms. Llacuna exchanged on that day, a later discussion I had with Ms. Llacuna gave me hope that we would be able to reconcile and return to the school. I tried in good faith to restore our relationship, but in the end, it was apparent we couldn’t return, given Ms. Llacuna’s apparent feelings towards my wife and children.

The Llacunas offered that my family and I could train at another American Taekwondo Association (ATA) school. Setting aside for the moment the fact that Ms. Llacuna agreed to cancel our contract in March, I have three additional objections. First, our contract is between us and the Llacunas’ school, not between us and all American Taekwondo Association-affiliated schools in the area. Second, I do not necessarily wish to attend another ATA-affiliated school, given the difficulties we have had with this school. Third, and most importantly, why would the Llacunas wish to inflict our “awful” kids upon another school, if they were so bad that Ms. Llacuna felt compelled to lash out to my wife about them? The answer seems obvious: to collect money on a contract that the Llacunas no longer provide services for.

I do not seek a refund for the almost 2 ½ years we dedicated to the school. We learned, made friends, competed in tournaments, and had an enjoyable experience. I want Ms. Llacuna to cancel our contract as she promised, and I want a refund for the money I have been obligated to pay since March, when she agreed to the cancellation. This is an opportunity for the owners to demonstrate the Lifeskills they profess to teach, to demonstrate integrity, and honor their word. Anything less reduces the Lifeskills they teach to some sort of punch line; a cheap gimmick to get prospective students to sign on the dotted line.

Regards,

Paul Hancock

Predictably, my appeal has fallen upon deaf ears. I have received the following from the Better Business Bureau:

Dear Paul Hancock :

Better Business Bureau of Central, Northern & Western Arizona (BBB) has communicated your most recent correspondence to ATA Martial Arts.


At this time, it is noted that the business’s position has not changed. After careful review of this case, BBB has determined that the company has addressed the issues you presented by either making a reasonable offer to resolve the complaint, or by explaining why it could not practically meet your desired resolution.


Please note BBB considers this dispute to be at an impasse, and is unable to facilitate the matter further. We understand you may not be completely satisfied with the outcome of our efforts. Because of this, BBB has closed your case to reflect your dissatisfaction with the end result.


We would like to thank you for sharing your experience with BBB. Be assured your dispute will remain in BBB files for three years as part of the company’s customer experience record. BBB will monitor the company's file for reports of a similar nature; if a pattern develops, BBB will be able to modify the company’s record more specifically, referring to the information you have provided.
Sincerely,
Esenia Solano
Your Better Business Bureau

Whether the Llacunas' offer was "reasonable" is open to debate, but by failing to honor her word, Mrs. Llacuna has demonstrated that while the school teaches Life Skills, the owners don't necessarily feel compelled to practice what they teach. It is hypocritical.

Still Persuing a Remedy - Better Business Bureau

I'm still trying to get the contract cancellation I was promised by one of the owners of ATA Martial Arts in Anthem, Arizona. After not getting anywhere with the American Taekwondo Association (ATA) parent organization, I filed a complaint with the Better Business Bureau. The ATA Martial Arts owners responded to the complaint on August 14th:

To: [my family] and the BBB;

With all due respect, Sirs and Ma'am, our policy has always been to teach; Lifeskills and marital arts. Our goal is to encourage people to improve themselves both physically and mentally. When [my family] committed to working with us they committd to learning the Lifeskills we teach, i.e. Respect, Discipline, Honesty and Honor. If we have failed in teaching that so be it. With that in mind; in our agreement there is and always has been a clause stating that any of our students for any reason may continue their training at any ATA school in the nation. They are not restricted to training with just us. There is a school located at 5830 W. Thunderbird Rd #B11 in Glendale and another located at 6740 W. Deer Valley Rd. D-106 in Glendale. The entire family is welcome to train at either of these two schools to make up the missed time at our school and any remaining time on their contracts.

Respectfully,
Mr. and Mrs. "Jay" "Ell"

The only change I've made to the above letter is that I substituted the names. I transcribed it from a hard copy letter, and did not try to clean up grammar.

I have responded back to the business and the BBB, rejecting the response, and providing reasons why. I will post that response here at a later time, if things go as I suspect they will.

One point I did not make with the BBB is the assertion the Ells made about their agreement: "in our agreement there is and always has been a clause stating that any of our students for any reason may continue their training at any ATA school in the nation." I read the copy of the one page agreement we have, and it says nothing of the sort.

Stay tuned.