Is a 16 year old legally bound to an agreement she signed with a gym?

Question

she stopped the payments from coming out of her bank.Now they want her to pay the entire year . I just want to know if they can legally bind her to this contract since she is only 16.

Answer 1

Minors: In virtually all states, unmarried persons under the age of eighteen (18) are permitted to enter into any contract an adult can, provided that the contract is not one prohibited by law for minors (e.g., agreement to purchase cigarettes or alcohol). However, unlike those entered into by adults, contracts entered into by minors are generally voidable by the minor.

MINORITY: DISAFFIRMANCE


 Disaffirmance: In order for a minor to avoid a contract, he or she need only manifest an intention not to be bound by it.

 This intent to avoid, or “disaffirm,” the contract may be manifested by words or actions.

 Generally speaking, a minor may disaffirm a contract at any time during minority or for a reasonable time after the minor comes of age.

 When a minor disaffirms a contract, all property that he or she has transferred as consideration can be recovered – even if it was subsequently transferred to a third party.

 Disaffirmance must be timely.

 The contract must be disaffirmed in its entirety.

 Only the minor has the option of disaffirming his or her contractual obligations; any adult parties to the contract remain bound by it unless released by the minor’s disaffirmance.

Answer 2

No. However, if she misrepresented her information on the contract, she could be held liable for damages incurred by the company. If she was honest about her age, the gym should have known better than to enter into a contract with her.

I would be very surprised if there isn't a clause in the contract that states that by signing the contract, she agrees that she is at least 18 years old. Read the fine print.

Answer 3

You can't make a legally binding contract with a 16 year old. However if she turns 18 and says that she will pay it..then yes

Answer 4

No way! A 16 year old CAN NOT enter into a legally binding contract.

Answer 5

You can not enter into a contract as a minor. If you represented yourself as an adult (Over 18), then they could seek restitution from your legal guardian or parent but I believe if they knew you were 16, then they'd be hard pressed to get anything from anyone. I think civil law usually requires that the person extending the service exercise "due diligence" and if they knew you were a minor they failed that test.

Answer 6

You must be at least 18 y/o before you can be legally bound to a contract. In some states it might be 21 y/o.

Answer 7

I'm not a lawyer, but I always heard that any one under 18 was not legally bound by any contract they signed. If you have a copy of the agreement, check the fine print.

Answer 8

Nope, she would have to be 18, UNLESS her parents signed as co-payer on the contract, OR... she lied about her age when she signed the contract. If she did, they have a right to pursue it.

Tell them to take her to small claims court. The judge will read the contract and decide if it's binding on a minor. I'm betting he'll say no.

Answer 9

I don't believe so, but I guess it depends on the State and what the agreement she signed says. However, not living up to a contract at this age is surely getting off to a bad mindset with how you treat your commitments, obligations, debts. That's where the ethics come in.

Answer 10

No.

A minor cannot legally enter into a contract (in all 50 states in the United States). The contract is not enforceable.

The ethical implications may be different, but you asked about legal implications.