Good DayI require legal advice as how to...

Asked by SuzaanK on 27-04-2020 19:02:01
Question posted in the General Law category relating to Northern Cape

Good Day

I require legal advice as how to handle the situation legally. 

I am a Functional Gym owner and work with contract options, every client signs a contract and terms and conditions upon joining. 

One client (our town's local rugby club) has taken a 6 month contract starting as of February till end July 2020. 

I had verbally spoken to one of their management members before lockdown about freezing their contract for the month of May as payement still needs to be made for April due to fixed payments and I need to make arrangements accordingly.

According to my terms and conditions I am only allowed to freeze a contract due to physical disability or illness, temporary relocation or extended travel, military deployment. I have sent out a "Freeze Form", seeing as the virus is a pandemic and could fall under 'illness', before the lockdown for the month of May but received no feedback. 

Payment was overdue and I contacted management enquiring if all was in order for Aprils' payment. 

Basically, he said due to the coronavirus and lockdown they will not pay for April, saying rather rudely "no services, no payment".

Unfortunately I still have fixed expenses. I am a small business, with very little income and am now in debt due to the client not paying. I also have a 2 year old child that needs essentials. 

This contract is a large chunk of my profit, should I handle this incorrectly I could lose their future services, should I not handle it at all would they disregard my terms and I feel disrespected.

If you would like to view the entire answer, you will need to either login or register a FREE account.

Disclaimer

DISCLAIMER: Advice or answers from Lawyers on South African Legal Advice are not substitutes for the proper advice of an Lawyer. South African Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not South African Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.