My 17 year old signed a one year contract for a gym membership. He can't afford it. We want to get out of the contract. In Utah, is he responsible for it? How can we cancel or void it, if I (the parent)..and he.... wants out. And keep from being sent to collections for the balance owing?
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Consumer Law, Warranties What is the legal age to sign a contract? We want out.
- Thread Starter MWatkins
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army judge
Super Moderator
Your son is very lucky.
The contract is voidable.
In Utah, minors can only be held to contracts for necessities.
You and I know, a gym membership isn't a necessity.
He simply needs to notify the gym that as a minor he wants out of the contract.
They might become incensed and say he can't.
They shouldn't.
But, if they do, you'll have to take them to court; if a lawsuit becomes necessary.
army judge
Super Moderator
That would be very troublesome for junior.
Legally, they have no choice, but to fix it and allow junior to void the contract.
If they resist or refuse, hot foot it to an attorney.
It isn't wise to argue with a fool or a crook!
You MUST fix this before that happens.
I agree that he has to void the contract ASAP. However, after reading the statute, I believe he will still be expected to pay for the time that he has actually been a member of the gym. Also, if he misrepresented himself as being 18 when he signed the contract, he may not be able to void it.
http://le.utah.gov/~code/TITLE15/htm/15_02_000200.htm
http://le.utah.gov/~code/TITLE15/htm/15_02_000300.htm
http://le.utah.gov/~code/TITLE15/htm/15_02_000200.htm
http://le.utah.gov/~code/TITLE15/htm/15_02_000300.htm
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Thank you...
Thank you for that additional information. I have been reading the statute as well, and appreciate your insight. What you said agrees with what I was thinking, and I really want to make sure I'm in the right in case they are not very nice about it! :yes: So thank you! Another interesting this that I learned is that it seems that if he continues to use the gym after he's 18, he may have ratified the contract, and he may not be able to void it then either. So wish me luck...here we go!
Thank you for that additional information. I have been reading the statute as well, and appreciate your insight. What you said agrees with what I was thinking, and I really want to make sure I'm in the right in case they are not very nice about it! :yes: So thank you! Another interesting this that I learned is that it seems that if he continues to use the gym after he's 18, he may have ratified the contract, and he may not be able to void it then either. So wish me luck...here we go!
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