In the mail today I received a promised letter from New Horizons. When we spoke on the 3rd of October, Mr. Wright had offered to send to me the indemnity agreement that New Horizons was proposing that I sign in exchange for the $5265.00 New Horizons was prepared to offer to my wife in order to settle the matter. This was the offer that I had already rejected, but it certainly doesn't hurt to have a hard copy of all terms and conditions that New Horizons had on its wish list.
My mind boggles at the inaccuracies, untruths, and the amazingly restrictive clauses contained within this document. At my most charitable, I can only assume that there was some pretty severe miscommunication between the lawyer who drafted this document and the parties who provided him or her the information required to prepare it.
If I was less inclined toward a charitable interpretation, I would say that the document is so riddled with lies as to verge on libelous (although it would be pretty darned hard to bring a libel case if I'm the one who makes the document public.)
This is the proposed Indemnity and Release Agreement that I received. (Adobe Acrobat required to view.)
The purpose of New Horizons preparing and sending this document escapes me, other than the supposition that they are trying to build a favorable documentation trail for a case of some sort. Or perhaps they're merely attempting to engage in the same sort of intimidation that their franchisee in Milwaukee tried when they trotted out Quarles & Brady and offered the supposed opinion of the law firm with respect to web sites, picketing and such. Ah well, it is not for me to guess what's in somebody else's mind.
Today I mailed my response to New Horizons proposal to their Senior VP of North American Operations, Mr. Gene Longobardi, because he was the signatory for New Horizons on the proposed Indemnity agreement. This is my response to New Horizons' Indemnity offer (Adobe Acrobat required to view)
In the last week of January 2001, Sixtus Aguwa from New Horizons Milwaukee called and left messages on my machine on three separate occasions requesting that I call him back. The two main reasons I didn't return his calls are:
My previous contacts with NH Milwaukee's management were less than thrilling, and as far as I was concerned, there was nothing more to say or do. So it was with some curiosity that I went to the Post Office to retrieve a certified letter sent to my wife from New Horizons Milwaukee. My wife was traveling on business yet again this week, and wouldn't be home until late Thursday, so I went to pick it up for her. We were both somewhat surprised but very pleased when she opened the envelope Friday and found a check for $5265.00, the portion of her tuition that had not been previously refunded.
This was a pleasant surprise, to say the least. I don't know what prompted the sudden largess, and I can't honestly say I care. After consulting with my attorney, ascertaining that there wasn't anything written on the check or accompanying papers that would place any conditions on cashing the check, my wife cashed her check. Yes, it cleared.
My wife has now been refunded all of her original tuition. I make note of this here in the interest of complete accuracy, and to give credit where credit is due. The refund of the balance is appreciated, though unsolicited (unless you count the existence of this site, in which case it wasn't any more or less solicited than on any other day of the last six months or so.)
With the refund, the incident that sparked the creation of this site has now been laid to rest. Now the site exists only for the purpose of giving New Horizons students and employees a place to tell their stories, a place where potential students and employees can read them, and to offer consumer advice to those looking for training. In other words, the site is no longer for my wife's benefit, but for yours.
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