Gym membership cancelation under 16 signed without permission

InsideInsurance

lucy03 wrote: »

The law doesn't allow minors to make contracts, with the various exceptions for necessities, for good reason.

Yes it does

The law simply doesnt make it binding on the minor, however it is binding on the other party (assuming they arent also a minor). On the basis that creates a very unbalanced contract where only one side has to honour the agreement then most companies dont allow minors to sign up for things.

Obviously some companies make a risk based decision that its worth having the unbalanced contract with a minor in the hope that you retain their business when they are an adult.

Its also worth noting that its the date that the liability arises that matters in relation to the parties age and not the date the contract was signed. So if the OP's kid had signed at 15 and continued using the gym until they were 20 they couldnt then claim not to be bound by the terms for notice periods etc because it was signed when they were 15.

So legally, they could avoid their obligations however I agree with the majority on here that kids need to be taught to live with the consequences of their actions rather than how to look for loppholes and so personally would certainly ensure they paid the notice period.

SuperHan

Not that you wanted lectures on parenting, but...

It may be worth cancelling the contract with Bannatyne's as far as possible, but to teach your daughter the consequence of her actions, make her pay you the remainder of the contract. You can put this in to savings and give it back to her at the end, but it will help show her that she can't make agreements then try and break them on a technicality later. It encourages her to be generous with the truth in future contracts and makes for an unreliable character, which may well come back to bite her in future!

Marktheshark

There is no excuse they can use, they are duly responsible to ensure they use all necessary diligence to ensure the person is old enough to enter a contract.
If she was not 18 when it was signed there is no contract.

wealdroam

Marktheshark wrote: »

If she was not 18 when it was signed there is no contract.

Of course there is. Re-read posts #7 - #12.

Marktheshark

Dont have to read them, there is NO CONTRACT if she was not 18 at creation.

InsideInsurance

Marktheshark wrote: »

Dont have to read them, there is NO CONTRACT if she was not 18 at creation.

There is no BINDING contract on her.

There is a contract and it is binding on them just not her

OlliesDad

If under 18's can't have a contract, does that mean that employers do not have to pay 16-17 year olds? Also, can under 18's not purchase goods/services?

Being under 18 just means that Bannatynes cannot enforce the terms of the contract, not that there is not one at all.

halibut2209

Marktheshark wrote: »

Dont have to read them.

Clearly, you do.

DandelionPatrol

meliandpaul wrote: »

Hi hoping for some advice please.

My daughter signed a gym contract with Bannatynes in February this year aged 15, without my permission or consent.

....

Please no lectures on parenting and wayward children! I'm well aware of that :mad :mad::mad:Thank you.

Stop running around after her and clearing up her mess.

Just tell her

• the facts - legally as a child, the contract is probably unenforceable - and the kind of mess which can result from breaching a contract
• that as she considered herself old enough to sign up to Bannatynes, you consider her old enough to sort out the mess for herself
• how to get on this site if she wants advice

and leave her to it. It is all part of growing up. Don't waste the opportunity of parenting which arises from this. Just let her sort it out herself.

paddyrg

Just exploring a side alley a moment - would the fact that she perpetrated credit card fraud make playing hardball with the gym risky if they decided to press that angle? Or make things messy if the credit card company got involved? I don't know, but I'd be erring on the side of 'lets work something out' rather than 'I know my (daughter's) rights!!!'