Legal advice needed about contracts, anyone?

[mrCide]

Here's my dilema, maybe some of you guys are familiar with this issue.

In July of 2000 I went to a gym and signed up for a 2 year contract. I used a credit card that's on my moms account, but it actually has my name on it (her cc # and all). It's like 26 something a month. I stopped going and my mom is mad because I can't cancel, so she asked to look at the contract.

Here's what she noticed. I was 17 in July (when I signed up), I turned 18 in August. My question is, is this contract void? Legal? What can I do? Can I get my money back from them or the credit card company? Can they go after my mom? I haven't been going for several months already so I don't want the contract..

EDIT: I live in Florida (Fort Lauderdale area)..

Comments and suggestions are very welcome

 

[Angrymarshmello]

Go to the gym and ask to talk to someone about terminating the contract. You'll have a hard time getting your money from the CC if the gym shows them the contract....I'm sure the gym will charge you a fee of some sort for terminating it but they should have an option letting you terminate the contract

 

[bigshooter]

why dont you just keep working out? Help me fight the stereotype that computer geeks are all fat and pasty.

 

[mrCide]

Was looking for something a little more helpful..

like if a contract is void or not because I wasn't 18 when I signed it

 

[AndrewR]

From what I know, it's likely the contract is invalid since most states require a minor to have a parental signature for a legally binding contract. Does it say anything on the contract about age requirements? Did they ask for proof of age (DL or something)?

That would be highly amusing if they screwed up in that regard. I'm stuck in a gym contract, but there's no way for me to get out of it. Bally's is crap.

 

[skywhr]

Your mother gave you her permission by issuing you a card on her account. That in itself should be enough to make the contract legal.

Maybe you shouldnt have signed the contract if you had no intention of fufilling it!

Responsibility, whats that!?
Responsibility, not quite yet...

Pay the contract, you signed it, now PAY it.

I know that these gyms and their contracts suck, thats why I didnt sign up for them...

 

[mrCide]

I signed up because they told me I could cancel, it was my first time dealing with a contract. No need to insult me or my responsibility.

The guy lied to me and they screwed me, this isn't some nationwide place..

Anyhow, yeah they asked to see my license, infact the day I turned 18 when I went in there they said happy birthday, although I don't think the contract says I have to be 18..

Looking for LEGAL advice, like, from someone in law school, or a lawyer

 

[AndrewR]

mrCide: The problem is that anyone who is not a licensed attorney in your state IS NOT AUTHORIZED TO GIVE YOU LEGAL ADVICE -- it's illegal (the unauthorized practice of law). While you can get some general opinions like mine, I doubt there is anyone willing to give certified legal advice, unless they fancy opening themselves up to some penalties.

 

[hans007]

wow i didnt know that about the legal advice thing. We have these grad students here that do that so i thought it was ok. Anyways, you should be responsible. You shouldn't shy away from your responsibility and let your mom's credit card company or some loop hole take care of it. If you are gonna quit the contract, pay the cancelation fee or whatever because thats the responsible thing. Its a matter of ethics. Like in general hardware some fool will ask if its ok to return his CPU to a store after he's overclocked it and burned it out, and NO its not , but a lot of people shy away from the responsibility that they are an idiot and broke it. Anyways, do the right think.


p.s. why is the user rating in my profile so low? do people really hate me or something. It just keeps getting lower.

 

[StageLeft]

I suppose he doesn't want legal advice then - but rather somebody to inform him of the law (rather than recommend what to do).

hans user ratings are a way for childish people to get you back for a post you may have made against them when in fact 99/100 may like you. I have you a 10 for sh*ts and giggles but I think the ratings are quite meaningless

 

[mrCide]

ya, looking for information on the law in florida..

Normally I wouldn't be doing this but the guy told me several times I could cancel if I moved, and I have. And then they told me I can't cancel. Why be moral towards somewhere that's not moral to you? Screw that I say..

Anyhow.. looking for someone who's familiar with the law to tell me if the contract is null/void or not (or somewhere I can research it)..

 

[skywhr]

Its usually if you move a certain distance from any location of the business. You dont sound like you read the contract, sounds more like you made a dumb decision, and hey why should you have to pay for that decision?

If its not in writing, good luck proving it...

 

[AndrewR]

Skoorb: The line is sometimes a very fine one. Hell, they sued a software company for UPL in Texas!

I'll see if I can find my link to the Florida statutes page.

 

[Hecubus2000]

Yur screwed. You should have got that in writing.:frown:

 

[Zapster]

Contracts with minors are not binding. I remember a case where a big fellow came in with cash to buy a used car. He purchased the car and all went well. Two months later, he came in with his father who wanted a refund. The car had obviously been trashed and torn up. Of course we refused. He said that we entered into an agreement with a minor and that to avoid court, we should refund the money and take the car back. We quickly checked with our attorney and did exactly that. Don't deal with minors! This is why car dealers will ask for your ID before they will sell you a car.

 

[Ornery]

Could somebody else pay you $10 or $15 per month to go in your stead? That would defray your loss a bit.

Wow, paying for the privilege to exercise. Only in America!

 

[RKS]

AndrewR is correct in stating that an unlicensed attorney cannot dispense advice.

Zapster maybe correct regarding the return of the car. Some jurisdictions may actually have the minor pay for the difference in value between the sale and return. On the other hand if the vehicle was a 'necessary' (many definitions of necessary) item the contract may still be viable.

I believe contracts with minors are usually voidable not automatically void.The minor does have a limited time to cancel or affirm the contract.

I would probably just ride out the contract but if you really can't afford it try to talk to the gym about canceling. I think the litigious path would be too expensive anyway. You can always call an attorney and see if you can get some pro bono advice...

 

[AndrewR]

Well, I couldn't find anything specific but maybe you'll have better luck: 2000 Florida Statutes. There are references to the "disabilities of nonage [being a minor]", but I cannot find those listed anywhere. As it is, the general principle is that minors are incapable, legally, of forming a binding contract, but in your case, there may be some question about waiver and acceptance because once you turned 18, you failed to repudiate the contract and continued to go (and pay).

Interesting.