Vendor Contracting - Non renewal and right to terminate are not the same

Question:

Jennifer,

I signed with a supply distributor for a discount deal that renews annually.  I want to cancel.  How do I do that? 

Thanks, 

Dr. T

Answer:

So many vendors have annual (or longer) lock ups.  These vendors are in the "recurring revenue" model - lock the customer up contractually for regular payments.  Many of these vendors have NO RIGHT TO TERMINATE for convenience, and termination for "cause" or "material breach" is almost impossible to prove - locking the customer in for the entire term.   How do these vendors get away with this? Well, many consumer protection laws allow a default a mechanism for non renewal as the way out. From the customer perspective, this is less than ideal.   If service stinks or you find a competitor who is cheaper, or any other reason comes around warranting a change, with no right to terminate without cause (for convenience), you very well may be required to wait the time period for the term to expire, or be forced to adhere to non-renewal protocol.  

Courts like contracts.   Courts enforce contracts.   Courts assume you read the contract and agreed to the terms, with the quid pro quo that you bartered for services. 

When is the best time to protect your right to leave?  BEFORE the wedding.  Negotiate the pre-nup.  In this instance, sounds like we are too late to make a case to terminate prior to non renewal (if no termination right, without cause).  There's always other options - if you have to get out now, we could try to buy you out of the contract...  May or may not work.   

Happy to discuss, and let's walk through the actual contractual language.