Gym locked me in a 12 month membership when i was 15

lhayman

Last April i signed up for a gym membership of £43 a month coming out my bank account.
I've recently tried to cancel my membership early February 09, i had a reply back saying i cant as i am in a 12 month contract.
is it legal for me at 15 to sign a contract of not a necessity?
they are now saying i need to pay the outstanding balance of £43 within the next 10 days, if not it would be forwarded to their administration partners, who will pursue the outstanding balance on their behalf, they will also apply an additional unpaid direct debit fee of £50 to my account.

pinkshoes

As for as I'm aware, anyone under 16 cannot sign a legally binding contract.

You must go along to your nearest CAB office (click HERE for info - you can find your nearest branch, then phone and book an appointment), and they will tell you what letter to write and how to sort it out.

dacouch

I think pinkshoes is right, in addition you cannot sign a "Credit Agreement" as these are not legally binding until aged 18.

Like pinkshoes said speak to Citizens Advice as I'm sure they will be able to help you out.

gaz_jones

Could the OP not get in trouble for lying on the contract though? It must have said something about being over a certain age etc....

OP why did you sign it if you knew you weren't 16?

Lokolo

pinkshoes wrote: »

As for as I'm aware, anyone under 16 cannot sign a legally binding contract.

You must go along to your nearest CAB office (click HERE for info - you can find your nearest branch, then phone and book an appointment), and they will tell you what letter to write and how to sort it out.

Its 18 actually but yeh same thing :cool:

pinkshoes

Lokolo wrote: »

Its 18 actually but yeh same thing :cool:

Ok, I stand corrected, at least for ENGLAND. I do believe that it might be 16 in Scotland, as I know you can get married at 16 there, so perhaps they also allow financial contracts at 16 too??

Optimist

You probably don't even need to go queue up at CAB. Just write to them telling them that you repudiate the contact and the contact is unenforceable as you were 15 at the time. They would be a pretty dumb company to try and take it further.
If you wish to get all legalistic tell them to look at The Minor's Contract Act 1987
Sending a copy of your birth certificate wouldn't hurt

LinasPilibaitisisbatman

http://www.gillhams.com/dictionary/444.cfm

Think this contract could be enforcable in all honesty, there is no credit, the OP at 15 should be able to understand a gym contract, and has derived a benefit from it.

Reckon a court would see that the OP was simply trying to get out of it rather than needing protected from it.

oscar52

from the above link

"The general law states that contracts entered into by children that are for 'necessaries' are binding on children,...... Contracts for necessaries are for the supply of food, medicines, accommodation, clothing, amongst other things but generally excludes conveniences, and products and services for comfort or pleasure."

To me a gym would be defined as comfort or pleasure, not a necessity, and therefore would not be enforceable.

Art_2

You seemed happy to sign the contract in the first place. why should you be allowed to just walk away now?

Regards,
Art.

Fire_Fox

Very few gyms are insured to allow under 16s to train unsupervised. The only places I have worked where children are allowed to join ask for a parent or guardian's signature. I suspect the OP may have lied on his membership contract, or whoever signed him up made a mistake. If a parent did countersign, they are responsible if the youngster defaults on payment.