Need URGENT HELP !!!

[roookie]

Hey Ginner,

A&M replied a few dyas back, this is what they have to say:

Dear Mr ______

Further to your discussion with Mr _______ of our office I confirm that in the interest of good will Ashley and Martin Pty Ltd will release you from all future payments scheduled to be deducted by Ezy-Pay and the outstanding balance of your account.

In order for this to be finalised can you please read, sign and return the attached deed of release. This releases both parties from any further obligation in relation to your treatment program.

Once this is received the payments will be cancelled by our Ezy-Pay co-ordinator.

Yours sincerely

& this is what they want me to sign:

DEED OF RELEASE



I, _____ of _____________________________________________________in the State of New South Wales acknowledge that upon Cancellation of my outstanding account and future direct debit payments in the interest of good will from Ashley & Martin Pty Limited (the “Companyâ€) ABN 24 090 141 021 and in consideration for such receipt, I hereby release and forever discharge the Company and all of its related companies, directors, servants, agents and employees (collectively “Representativesâ€) from all actions, suits, causes of action, claims, demands, costs, expenses and liabilities whatsoever which I have or at any time in the future may have against the Company or any of its Representatives in respect of any act, cause, matter or thing arising out of or in connection with the products of treatment provided or agreed to be provided to me by the Company, or any of its Representatives. In further consideration for such receipt I agree not to disclose to any person nor publish any of the provisions of this Deed or any matter which relates to any circumstances addressed in this Deed. This Deed shall be binding upon all of my heirs, successors and legal personal representatives.


I also acknowledge that of my own free will I went to Ashley & Martin Pty Limited and freely undertook such treatment as recommended and fully explained to me by their professional counsellors.


DATED THIS……………….DAY OF……………………………………2007

SIGNED BY:

Full Name:
In the presence of
Name of Witness
Address of Witness

What do you think ???

Cheers

 

[ginner]

Hey man. I'm sorry I didn't see this sooner. You might have sent it back already but I'll comment on it anyway.

First of all I note that part of the agreement is that you don't show it to anyone

Basically, any court that you wound up in would probably interpret that agreement narrowly. So if the topical you were given messed up your head you could probably take legal action against them anyway. It just makes things more expensive and time consuming. I guess the question you have to ask is how likely is it that you'll want to sue them in the future? From what you've said it sounds like the problems were only present while you used the topical. Is that right? If you're ok now and you just want it over and done with then you might as well just sign it. But if you're experiencing ongoing health issues then you probably shouldn't.

A good idea might be to get checked out by a dermatologist before you agree to anything.

I guess what you have to understand is that this agreement theoretically stops you taking any legal action against them in the future. I think a good lawyer could get around it but you have to be prepared to accept the chance that you're giving up your right to sue them. Of course in all likelihood there will be no reason to sue them so it may not be worth worrying about. But I don't know much about this treatment. What if they put something in it that is bad or has messed up your scalp?

Sorry, I know this is a rambling sort of answer but I hope I've explained the issues you should think about. Also please remember that I'm happy to give advice and help but I'm not a lawyer or anything so if you're worried then you might want to talk to an expert in this stuff.

 

[roookie]

Hey Ginner,

Thanks for the reply.

I have not yet signed on it. But I think I will as I just want to get my Direct Debit cancelled and get out of it. I know it mentions that, not to disclose whats in the Deed, but's thats all so stupid. How is one suppose to get professional advice if one can't even show it around ?

Anyways, that does'nt bother me as long as I can get out of the damn thing.

Cheers mate.

 

[tightbudget]

Hello Rookie,

After reading your experience I'm so glad I decided to do some research into Ashley and Martin. To save money with the advice of people who have left messages already and avoid the whole ezypay drama, this is my plan:

Buy some Blackmores (Prospern) from the shop.

Get some minoxidil 5% solution from minoxidil.com

And I already have a prescription from my doctor for Propecia (Finasteride) 28 x 1mg tabs but if i can get it cheaper from eltenetpharmacy.com I will.

If anyone thinks this is a stupid idea, PLEASE STOP ME NOW. Before I get myself into something i will regret later.

Regards tightbudget.