i signed a gym contract in January 2008. Basically it was a friends and family deal (6 months for 93.65). They told me that i could end it at the end of the 6 months, or continue until the end of the year. I called them to end it in june and they told me i couldn't and had to carry it out until january paying 93.65 A MONTH!!! They have been taking money out of my account, and causing me NSF charges.
BUUUUT heres the catch. When i signed the contract, i was NOT 18 (you have to be 18). I forged a letter from my mom in THEIR office, and lied about my birthday. They didn't ask me for i.d. proving anything (also, my name is spelt incorrectly). SO, i was wondering if I can use those things to terminate this contract. please help!
Update:I turned 18 on september 15th 2008. I am no longer a minor. They told me that I could end it as long as i gave 2 weeks notice. I signed the contract, but then i read it and it says that I have to carry it out. So their spoken words were a lie, and now im stuck because i signed the contract.
Answers & Comments
Verified answer
How old are you now or when did you turn 18? It is true that if you are a minor you can void a contract.
also in your contract should be the length of the contract. Maybe you didn't give proper notice, like 30 days.
You do not have to pay for any charges that were incurred prior to your 18th birthday, as they took the risk that you were old enough to bind a contract. You should ask for a refund (or credit) of that entire amount.
After your 18th birthday, you are usually bound by the contract you signed. If you signed a contract without reading it, you can still be held to the contract, which you should terminate immediately, according to its terms (written notice, whatever). Ask to apply the earlier credit against any costs of early termination. Many termination clauses are unenforceable as punitive, and no court will uphold punitive damages under a contract.
However, if you were mislead into the contract, then you could argue that the entire fact of signing a paper, which they claim is a contract, is fraud and that any terms of that contract are void and that they have engaged in "unfair and deceptive business practices." In some states you can sue them for triple any amount they have taken from you, plus your attorney fees.