QUESTION

Is it legal for someone under the age of 18 to sign a gym membership contract by themselves?

Asked on Feb 11th, 2013 on Business Law - California
More details to this question:
If it is illegal for the gym to do that knowing the kid is under 18, what action should be taken? Where does is say thats illegal?
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2 ANSWERS

Insurance Defense Attorney serving El Cajon, CA at The Law Offices of John E. Petze
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In California, someone under the age of 18 can be legally bound by a contract even though the "age of majority" is 18.  Family Code section 6500 & 6700.  The exceptions are that a minor can not enter into a contract to buy/sell real property or personal property not in their immediate possession or control. Family Code 6701.   For those contracts, the underage person can "disaffirm" the contract so long as no goods have changed hands. Family Code 6710.  In your case, I doubt that any substantial goods have changed hands so you should be able to have your son/daughter "cancel" the contract.  They probably won't be able to get any money back unless you are cancelling within a few days of having the contract signed.  Good luck.
Answered on Feb 11th, 2013 at 5:15 PM

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Bankruptcy Attorney serving Menlo Park, CA at Law Offices of Stephen Benda
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It is not illegal, per se.  But someone under the age of eighteen is not capable (with some exceptions) of entering into a contract, thus is cannot be enforced against him.  It is Civil Code Section 1556.  No action need be taken, justtell the gym that the contract cannot be enoforced due to incapability.
Answered on Feb 11th, 2013 at 3:18 PM

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