Legal Binding Signature

[scoremann]

What is the name of your state (only U.S. law)? MN

I received a form in the mail that looked to be an "update your information" for an expo guide for a trade show we participate in yearly. I selected the boxes correct for each line, filled in my contact info., signed it, and sent it back in the pre-paid envelope. About month later I received a invoice from a company called Expo Guide, located in Col. Neuva Anzures, Mexico saying I agreed to "publish the data printed on this form for the next three years as an individual advertisement entry..."

I sent an email saying this was a mistake please cancel. They faxed back 3 page document explaining their form, which was not included in the original materials sent. Also saying my signature was legally binding. My question:

I have no authority at my company so would my signature really be binding?

Does the company in Mexico have any recourse since they are a Mexican company, and it was a bit a trick to get you to sign-up for this paid advertisement?

One other note is that I received an email from the company that hosts the trade show to be on the outlook for these correspondences, only it was about two weeks to late.

Thank you,
Aaron

[Some Random Guy]

Your signature on one document cannot bind you a contract in a second document UNLESS the first document clearly references the second document as being included, such as, " by signing this document you agree to abide by our Terms and Conditions blah blah blah."

And even then, if the second document contains hidden clauses, like Facebook adding a line of text to their terms and conditions saying that all users need to pay them a million dollars, the document can be ruled unenforceable in a court of law.

Tell them to bite rocks.

[scoremann]

The document that I signed did have the "publish the data printed on this form for the next three years as an individual advertisement entry..." in fine print at the bottom. The other document that was not included in the original mailer just explained it in detail. It was definitely a hidden clause buried in the fine print.

Thanks for your response.

Aaron

[Zigner]

Originally Posted by scoremann

The document that I signed did have the "publish the data printed on this form for the next three years as an individual advertisement entry..." in fine print at the bottom. The other document that was not included in the original mailer just explained it in detail. It was definitely a hidden clause buried in the fine print.

Thanks for your response.

Aaron

So, it WAS on the form, you just missed it.

[scoremann]

Originally Posted by Zigner

So, it WAS on the form, you just missed it.

Sorry if my first email was unclear. The "publish the data printed on this form for the next three years as an individual advertisement entry..." was always on the form I signed, and, yes, I did not read it the first time. It was very small type at the bottom and the form was designed to look like the legit form. So I just checked, signed, and mailed.

It was the supporting documents explaining the form I was signing which were not included in the original mailer. Which would have made it clear to what the form I signed actually was. So am I screwed now or is Some Random Guys response still valid? And even then, if the second document contains hidden clauses, like Facebook adding a line of text to their terms and conditions saying that all users need to pay them a million dollars, the document can be ruled unenforceable in a court of law.

Does the company being in Mexico mean anything?

Thanks,

[Some Random Guy]

based on what you wrote, you have agreed to let them publish the information. Unless you left some pieces out, you never agreed to pay for it.

Tell them to bite rocks and wait for them to sue.

BUT. If the form you signed looks like this

[url]http://www.eibtm.com/files/example_expoguide_form.pdf[/url]

Then the document clearly states a $1181 Euro annual fee and that you agree that they can sue you in a mexican court. If that's the case, talk to a lawyer about your options.

[scoremann]

Some Random Guy,

That is the exact form. So I am screwed. I will have to talk to the boss now...sucks.

Thanks for your help, even if it was what didn't want to hear.

Aaron