My daughter stopped paying her Gold Gym fees (various reasons), and they are not happy to say the least.
I took a look at the contract, and lo and behold, my daughter had not signed a date next to her signature at the bottom of the contract agreement. Does Golds Gym still have a legal stand to "go after her"? Thanks in advance for any advice or opinions.
2007-01-25 09:43:09 · 11 answers · asked by Alice Chaos 6 in Politics & Government ➔ Law & Ethics
Uh...no valid reason... 18, new job, hot salesman at Golds', a bit scatterbrained....I was just wondering if the lack of date could help her. But you are all correct, she does need a lot to learn in the way of responsibility.
2007-01-25 10:04:24 · update #1
Let Guido go after her. Let her LEARN YOUNG the lessons of signing contracts. Don't cover for her. Don't make excuses for her. And don't make the payments for her. She may beg and pout and plead, but she's over eighteen, an adult and needs to face this as an adult.
She needs to learn the consequences of her behavior. Maybe this isn't as bad as say, shoplifting or a speeding ticket, but she signed a contract and is obligated to pay her monthly fees for the CONTRACTED TIME.
She needs a little fiscal tough love.
2007-01-26 07:43:00 · answer #1 · answered by WhatAmI? 7 · 0⤊ 0⤋
Failing to date a contract will rarely be a reason to invalidate a contract, if ever. The date becomes important in determining the obligations of each party under the contract, but there may be other references in the contract language itself that indicate the beginning and ending dates.
If you have a one year lease on an apartment, the lease will most likely have the beginning and ending date for the lease. Even if the tenant doesn't date the contract, the lease will still state the dates of the lease term.
In this case, you daughter's contract probably has procedures on how and when she can terminate the agreement. As far as the date she signed it, I'm sure the gym has records on when she first paid an invoice. Your daugther's failure to date the contract is simply not relevant.
2007-01-25 09:53:42 · answer #2 · answered by Carl 7 · 2⤊ 0⤋
A number of factors need to be present before a contract becomes legally binding.The basics are that an offer is made and accepted on clear terms including payment.Equally a number of ("vitiating") factors can prevent a binding contract being formed.Missing out your first name on the document is not one of them. Most UK contracts don't actually need to be in writing.They are just evidence of the prior agreement (and the small print!).It is the prior agreement which is enforceable (or not) and technically could be legally valid even if unsigned although in practice few people would sue on an unsigned document. So the only legal issues you raise are 1) was there an agreement on terms contained in the document 2) did you evidence that agreement by signing the document albeit without it bearing your first name ? The answer to both seems to be "yes". If you disputed the contract the only real point would be one of identity of the signing party which you cannot really argue with.
2016-05-23 23:42:03 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Yes they can. The only thing she could say is she thought the time had run out on her contract. However if there is start and end date in the contract she has to pay up.
2007-01-25 09:48:45 · answer #4 · answered by uthockey32 6 · 2⤊ 0⤋
Contracts don't even have to be in writing (few exceptions such as property). The fact it's in writing is purely for clarification and to prevent disputes.
Signing, dating or even reading a contract doesn't affect the terms and conditions.
Sorry but your daughter is bound by the contract.
2007-01-25 09:55:10 · answer #5 · answered by Trevor 7 · 1⤊ 0⤋
i don't think that it matters if there is a date or not, once you get into small claims court i don't think they will even look at that. they will just look to see if in fact she signed it. don't tell the people at the gym that though. make them think that they have nothing against her. if she left for good reasons, it might be grounds to terminate the contract. depending on why she left.
good luck!!!
2007-01-25 09:54:50 · answer #6 · answered by Jamie Lynn 3 · 0⤊ 0⤋
Yes- they still do. Don't forget they also have deeper pockets to fight this thing, it could cost your daughter much more than just her fees if she fails to pay UNLESS she has a valid reason for terminating her contract prematurely.
2007-01-25 09:47:15 · answer #7 · answered by Anonymous · 2⤊ 0⤋
she still signed it so it doesn't really matter. i signed up for a bank account when i was 17 and legally you are not aloud to have one until you are 18. i had some over draw fees and told them i didnt really have to pay because i wasn't even old enough to have an account and they still made me. you should make her be responsible and pay what she owes. she can cancel her memebership at any time....so why didnt she just do that?
2007-01-25 09:47:55 · answer #8 · answered by Anonymous · 2⤊ 0⤋
She needs to learn to pay her debts, don't look to screw over someone else. That is bad Karma!
Will she go through life shirking responsibilities blaming her mistakes on everyone else? That is The New American way these days!
Peace. Teach her well
2007-01-25 09:51:12 · answer #9 · answered by Yahoo Answer Rat 5 · 1⤊ 0⤋
yes, by signing she agreed to the terms and conditions. by not dating it she can actually get screwed because golds could lie and say she still has a whole year left. Sorry your daughter is irresponsible.....she still has to pay
2007-01-25 09:51:36 · answer #10 · answered by trouser trout 2 · 2⤊ 0⤋