[Source: Changsha Evening News on Changsha] Changsha Evening News on Changsha, August 16 (all media reporter Li Guangjun, correspondent Wang Yue) In order for her child to participate in a singing performance at a large-scale sports meeting, the mother of the child paid a fee of

[Source: Changsha Evening News Pocket Changsha]

Changsha Evening News Pocket Changsha News on August 16 (All Media Reporter Li Guangjun Correspondent Wang Yue) In order for her child to participate in a singing performance at a large-scale sports meeting, the mother of the child paid a remuneration of 200,000 yuan to the sports meeting performance organizer. The company signed up, but when the performance was approaching, they were informed that the show had been cancelled, and the hosting company still refused to refund the remuneration. The helpless mother of the child had no choice but to take the company to court. The Tianxin District Court reported the contract dispute involving children's performances on the 16th. After mediation by the court, the company agreed to complete the full refund in batches before November 1.

Dispute: The 200,000 yuan remuneration paid after the program was canceled has not been refunded

A certain cultural company is the unit to undertake some performances of a large-scale sports meeting in 2023. In August 2022, the cultural company contacted Hu Moumou's guardian and planned to invite Hu Moumou to sign up to participate in some performances at the sports games. That month, the two parties signed a performance contract, agreeing that Hu Moumou would sign up to participate in a singing performance at the sports games. The specific performance schedule was subject to the arrangement of the sports meeting organizer. Hu Moumou paid a remuneration of 200,000 yuan to the cultural company on the day the contract was signed.

However, in September 2023, the cultural company informed Hu that all performances involving children at the sports games were cancelled, and then promised to return the remuneration collected within 7 days. However, after repeated urging from Hu's party, the cultural company still had 170,000 yuan in performance remuneration that had not been refunded. Hu then sued the cultural company to the Tianxin District Court in June this year, requesting the court to rule against the cultural company. The company returns remuneration, capital occupation fees and attorney fees.

During the trial of the case, the cultural company also complained endlessly. It turned out that the company was entrusted by the upstream company to recruit children for the sports meeting organizers to participate in the program. Later, due to a stage accident during the sports meeting rehearsal, the organizer temporarily canceled all children's performances. At the same time, all the 200,000 yuan in remuneration collected by the company had been paid to the upstream company, but the person in charge of the upstream company had an accident, so the refund matter was in a deadlock. The cultural company also stated that there are still several debt disputes similar to the plaintiff's situation, and the company has been actively raising funds and urging upstream companies to refund as soon as possible.

Reminder: Do a good job in the preliminary inspection and sign a written contract

After reviewing the papers and questioning the parties, Li Shijiang, the president of the Second Civil Division of Tianxin District Court and the person in charge of the case, believes that the WeChat chat records, repayment records and other evidence submitted by both parties Judging from the results, the failure to perform the performance agreement involved in the case was indeed not due to the fault of the defendant, and even though the defendant was temporarily in trouble, it was still trying its best to raise funds and help upstream companies solve financial problems. At the same time, it repeatedly promised the plaintiff that it would complete the refund. , and has successively refunded 30,000 yuan. Subjectively, there is no intention to default.

In order to reduce the burden of litigation for the parties and help the company get out of the quagmire of disputes, Li Shijiang patiently organized mediation between the two parties. Finally, the plaintiff and the defendant reached a mediation agreement: the plaintiff’s guardian voluntarily gave up part of the claims and the amount of the claims, and gave the defendant a certain repayment period. In order to facilitate the raising of funds, the two parties agreed that the defendant would return 100,000 yuan in performance remuneration to the plaintiff before September 1 and 70,000 yuan before November 1. The disputes involved in the case were effectively resolved.

Li Shijiang reminded that parents should remain vigilant, think rationally, and do preliminary inspections when registering their children for activities such as "Children's Talent Competition" and "Children's Star Training Class". Secondly, be sure to sign a written contract and fully understand the terms of the contract, which clearly stipulates important information such as service content, fee structure, and refund policy. If you have not signed a relevant contract, you must also pay attention to retaining relevant promotional materials, advertising materials, etc. At the same time, you should also keep relevant vouchers when paying, so that you can promptly protect your legitimate rights and interests in the event of subsequent disputes.