Is a contract binding if never physically or electronically signed by the end user?

[goofy78270]

Jurisdiction

Colorado

I recently signed up for a fitness membership at a local gym, but never signed a contract. When I reviewed my email, I see that a contract was completed electronically, by the location, with my initials and signatures typed into the fields.

First, is this contract binding as I never physically or electronically signed the contract?
Second, is this legal? Can companies really take your information and hold you to a contract that you never signed, or even read until after the fact?


I am still within the 3 day right of rescission, so I can cancel if needed.


The contract was initiated in Colorado, but the company is headquartered in Utah, if that happens to change the legal jurisdiction.

 

[army judge]

First, is this contract binding as I never physically or electronically signed the contract?
Second, is this legal? Can companies really take your information and hold you to a contract that you never signed, or even read until after the fact?


I am still within the 3 day right of rescission, so I can cancel if needed.

You pose a question that is best answered by your sentence which followed the question.

Don't worry about why, simply cancel the contract and take your business where you feel better served and your finances are safe!!!

I could bore you with why it was done, but the words wouldn't help you.

Help yourself, cancel the contract and be sure to get it in writing and properly notated.

 

[goofy78270]

You pose a question that is best answered by your sentence which followed the question.

Don't worry about why, simply cancel the contract and take your business where you feel better served and your finances are safe!!!

I could bore you with why it was done, but the words wouldn't help you.

Help yourself, cancel the contract and be sure to get it in writing and properly notated.

Thank you for the insight, but I was actually look for the legal explanation of how this could be done and if it was legal. Please bore away as I am curious as to the reasoning and legality behind it.


To the same respect, if a company digitally signed a doc for you (since they may have all the information needed for a company like DocuSign), without your consent, would that fall under the same umbrella or is that more along the lines of fraud?

 

[adjusterjack]

Thank you for the insight, but I was actually look for the legal explanation of how this could be done and if it was legal.

OK, short and sweet. Basic contract law. Two types of contracts. Written and unwritten. You went in, you agreed to the membership, presumably knowing the terms and conditions (I hope) and the company memorialized it electronically.

If you don't cancel you are bound by it after the 3 days are up.

Perfectly legal.

What you should have done was insisted on a paper contract that you could have taken home and reviewed before committing to anything.

I suggest you carefully and thoroughly read the electronic contract and if there is anything in there that you don't like, go back to the facility with a dated written notice that you are cancelling the contract. Keep a copy, take a witness, take a picture with your cell phone of the person you hand it to.

If you decide to cancel and have already given bank account information or credit card information (very foolish), contact the bank and credit card company to make sure they don't start sending out your money.

These gyms and health clubs are notorious for screwing around.

 

[army judge]

These gyms and health clubs are notorious for screwing around.

So true, and they are infamous for grabbing money from unaware, clueless people eager to be healthy, not knowing their financial health could suffer!