QUESTION

if my husband signs a contract, and I disagree with the terms am I legally bound to honor it?

Asked on Aug 27th, 2014 on Contracts - California
More details to this question:
Our daughter's dance team came up with a "perfect parents" contract. I did not agree with several of the terms of the contract, and refused to sign it. My husband signed it. Am I now legally bound by the terms? I believe I should have a say when it comes to my own child, the publication of her photo, if I think a costume is too riske for an 8yr old, etc. I also believe I have a right to voice my disagreement and disapproval. The contract limits all of this, and gives permission for the dance company to use my child's photo, decide what costumes to wear, and what I can and cannot say - verbally, by text, e-mail and on social media. Doesn't that violate my 1st amendment rights?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Without knowing more about it, I don't know whether the perfect parents contract is a binding legal agreement or not.  It sounds like one of those "contracts" where a student agrees to call their parents for a ride if they drink, and the parents agree not to hassle the kid about it. If it is a real contract, however, your husband, unless you're estranged, would generally be considered to have the apparent authority to bind you to it, unless the dance center had reason to know that you objected.  If, as you indicate, the dance center sought your individual signature on the contract and you did not sign, it knows that you do not agree, and you should not be bound.  However, even without any kind of contract, when one parent says one thing regarding their child, and the other says something else, I don't think the dance center is bound to follow one over the other (unless a court has given on parent custody or control over these decisions.)  Incidentally, the first amendment only protects you from government interference with your freedom of speech.  With one exception (prohibiting slavery) the U.S. Constitution does not deal with the actions of private citizens.  Moreover, the Constitution would not prevent a contract by which you gave up or limited any rights you might have.   For example, many people sign non-disclosure agreements prohibiting them from disclosing informaiton about their employers.    
Answered on Aug 28th, 2014 at 12:14 PM

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