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When is a contract binding?

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slucas7

Guest
What is the name of your state? California
I recently signed a contract to continue lessons I have been taking in martial arts. The contract states that I may cancel in 72 hours, but does not specify if the 72 hours is from the date signed or the date the contract starts. The start date is listed as May 1, 2003 (today is April 21, 2003).
The reason I want to cancel is that I recently found out I am pregnant, and the contract only allows for death or permanent disability as reasons to be allowed out of the contract.
Also, I did not date the contract when I signed it, the manager dated the contract when he signed it and sent the contract home with me. I did not sign it until later and there is no date next to my signature.
 


I AM ALWAYS LIABLE

Senior Member
slucas7 said:
What is the name of your state? California
I recently signed a contract to continue lessons I have been taking in martial arts. The contract states that I may cancel in 72 hours, but does not specify if the 72 hours is from the date signed or the date the contract starts. The start date is listed as May 1, 2003 (today is April 21, 2003).
The reason I want to cancel is that I recently found out I am pregnant, and the contract only allows for death or permanent disability as reasons to be allowed out of the contract.
Also, I did not date the contract when I signed it, the manager dated the contract when he signed it and sent the contract home with me. I did not sign it until later and there is no date next to my signature.

My response:

This is one of those rare "exceptions" to the California "Home Solicitation" contract law; i.e., a dance studio, karate lessons, or gym contract can be cancelled within 3 business days - - despite the fact that the contract was signed at the "place of business" rather than in the customer's "home."

It doesn't matter when the "lessons" start. What matters is the date of the contract, and the date you signed the contract. It doesn't matter who "dated" the contract. The fact remains that you signed the contract.

What was the date you signed the contract?

If the proprietor decides to sue you, your defense would be "impossibility of performance" based upon proof of your pregnancy. Prove it to the proprietor.

IAAL
 

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