Contract for a 4 year old

[Carl Jonson]

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

A couple of years ago, I signed my then 4 year old son up for karate. More than 2 years later he decides he no longer wants to do karate. Upon alerting the instructor he no longer wished to continue with karate, we told that there was a 2 month penalty fee for cancelling the contract. My wife and I don't recall this and lost track of the actual contract. We signed a child up for karate we did not realize that we were apparently making a life time commitment. Is this contract signed on behalf of a 4 year old binding? Should this be held against us? We were not the students. We only signed the contract on the word of a 4 year old. Is it right for them to hold us to the contract and charge us for two months?

 

[CTU]

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

A couple of years ago, I signed my then 4 year old son up for karate. More than 2 years later he decides he no longer wants to do karate. Upon alerting the instructor he no longer wished to continue with karate, we told that there was a 2 month penalty fee for cancelling the contract. My wife and I don't recall this and lost track of the actual contract. We signed a child up for karate we did not realize that we were apparently making a life time commitment. Is this contract signed on behalf of a 4 year old binding? Should this be held against us? We were not the students. We only signed the contract on the word of a 4 year old. Is it right for them to hold us to the contract and charge us for two months?

You signed up for a service. They provided the service. You promised to pay for the service per your contract.

Don't even think about using your child's age to get out of what is likely a legitimate bill; it will not work.

 

[LdiJ]

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

A couple of years ago, I signed my then 4 year old son up for karate. More than 2 years later he decides he no longer wants to do karate. Upon alerting the instructor he no longer wished to continue with karate, we told that there was a 2 month penalty fee for cancelling the contract. My wife and I don't recall this and lost track of the actual contract. We signed a child up for karate we did not realize that we were apparently making a life time commitment. Is this contract signed on behalf of a 4 year old binding? Should this be held against us? We were not the students. We only signed the contract on the word of a 4 year old. Is it right for them to hold us to the contract and charge us for two months?

At least make them show you a copy of the signed contract so that you can verify for yourself that you are committed to the 2 month penalty fee. However, if its part of your contract then yes, you will have to pay it.

 

[ShyCat]

We signed a child up for karate we did not realize that we were apparently making a life time commitment.

Such hyperbole does not help. A two month penalty does not equal "a life time commitment".

 

[quincy]

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

A couple of years ago, I signed my then 4 year old son up for karate. More than 2 years later he decides he no longer wants to do karate. Upon alerting the instructor he no longer wished to continue with karate, we told that there was a 2 month penalty fee for cancelling the contract. My wife and I don't recall this and lost track of the actual contract. We signed a child up for karate we did not realize that we were apparently making a life time commitment. Is this contract signed on behalf of a 4 year old binding? Should this be held against us? We were not the students. We only signed the contract on the word of a 4 year old. Is it right for them to hold us to the contract and charge us for two months?

Had your 4 year old arranged for and signed the contract, you would have an easy out. When you as an adult sign a contract, you are legally bound by its terms (with a few exceptions).

I have as a parent discovered that it is unwise to commit yourself (and your child) to anything over a year (and preferably over 6 months). It is good to expose your children to different activities but very few young children maintain a lasting interest in these activities. If the interest continues after 6 months/1 year, you can always extend the contract/sign a new one.

In other words, read carefully the contract you intend to sign and work on making changes to the terms before signing.

 

[Carl Jonson]

Such hyperbole does not help. A two month penalty does not equal "a life time commitment".

That is not hyperbole. That is what I was told when I questioned the karate studio. We did not have a choice in 1 year or 2 year contract it was as we were told a lifetime contract. So yes a life time commitment is what we apparently signed up for or a two month penalty. I still don't understand how they can hold you over a 4 year old's activity.

 

[Carl Jonson]

You signed up for a service. They provided the service. You promised to pay for the service per your contract.

Don't even think about using your child's age to get out of what is likely a legitimate bill; it will not work.

They are not providing a service. We are not attending class. We paid for every month he attended. Their rationale for the fee was to give the student 2 months to see if the wantbto continue. That is Bull. Why should we pay them for 2 months not to provide a service as you are stating? My son is adamant he doesn't want to continue, he doesn't need 2 months to decide that and they do need to be paid to not provide a service.

 

[quincy]

That is not hyperbole. That is what I was told when I questioned the karate studio. We did not have a choice in 1 year or 2 year contract it was as we were told a lifetime contract. So yes a life time commitment is what we apparently signed up for or a two month penalty. I still don't understand how they can hold you over a 4 year old's activity.

The karate studio is not holding you over a 4 year old's activity, they are holding you to a legal and binding contract.

Before signing any contract, you need to carefully read the contract in its entirety and fully understand the terms you are agreeing to abide by with your signature.

You can have an attorney in your area read over the contract to see if you have any legal "outs" but, generally, once you sign a contract, you must fulfill its terms or be held in breach (and potentially sued).

 

[Carl Jonson]

The karate studio is not holding you over a 4 year old's activity, they are holding you to a legal and binding contract.

Before signing any contract, you need to carefully read the contract in its entirety and fully understand the terms you are agreeing to abide by with your signature.

You can have an attorney in your area read over the contract to see if you have any legal "outs" but, generally, once you sign a contract, you must fulfill its terms or be held in breach (and potentially sued).

I read that contracts involving minors are not binding in the state of Texas. Would that not be the case when signing on behalf of a child?

 

[Carl Jonson]

I read that contracts involving minors are not binding in the state of Texas. Would that not be the case when signing on behalf of a child?

I just don't think signing a child up for karate should involve legal council. What are we supposed to tell a 4 year old? Are you sure you want to do this because if you quit mommy and daddy have to pay, a lot of money frankly, for you not to go for 2 months. We were happy to sacrifice for our son but we really can't afford to pay for him when he is not going. It doesn't make sense to pay for no service.

 

[Zigner]

I read that contracts involving minors are not binding in the state of Texas. Would that not be the case when signing on behalf of a child?

You didn't sign "on behalf of" your child. You signed and accepted responsibility for services that will be provided to your child. When your kid goes to the doctor, is it the kid contracting with the doctor? How about the dentist? What about when you buy a toy that your child wants...is it the child that's buying the toy, or you?

 

[Zigner]

I just don't think signing a child up for karate should involve legal council. What are we supposed to tell a 4 year old? Are you sure you want to do this because if you quit mommy and daddy have to pay, a lot of money frankly, for you not to go for 2 months. We were happy to sacrifice for our son but we really can't afford to pay for him when he is not going. It doesn't make sense to pay for no service.

No, what you're SUPPOSED to do is abide by the contract that YOU agreed to (not your child ). Another thing...if you can afford to pay when he IS going, then you can afford to pay when he ISN'T going. It's not like your child is bringing in some sort of income from the activity that you're using to offset the cost

 

[Carl Jonson]

You didn't sign "on behalf of" your child. You signed and accepted responsibility for services that will be provided to your child. When your kid goes to the doctor, is it the kid contracting with the doctor? How about the dentist? What about when you buy a toy that your child wants...is it the child that's buying the toy, or you?

I came because I have a legitimate concern as a consumer. I don't need to be patronized. We are talking apples and oranges here.
I don't know what type of doctor you have but we pay for the visit not a contract for regular visits. The point is they are not training my child, in other words, they are not providing a service or good, so why are we paying them a fee when my child does not wish to continue. As an adult, I have cancelled gym memberships and not been accessed a cancellation fee.

We started out with a 10 class Groupon. When we completed they give the student a white belt and nunchucks if they decide to continue. We were brought into an office where the instructor asked our child if he would like to continue and we asked him. So, a 4 year is making the decision. If he said no we walk but what parent would deny a child because there could potentially be a few at an unknown future time? Trust me it is not a good sales pitch to talk about you leaving. That was not the conversation if it was mentioned it was brief.

I don't see how businesses dealing with children should be able to have termless contracts. How would one go about introducing a consumer protection law to prevent these situations?

 

[Zigner]

I came because I have a legitimate concern as a consumer. I don't need to be patronized. We are talking apples and oranges here.
I don't know what type of doctor you have but we pay for the visit not a contract for regular visits. The point is they are not training my child, in other words, they are not providing a service or good, so why are we paying them a fee when my child does not wish to continue. As an adult, I have cancelled gym memberships and not been accessed a cancellation fee.

We started out with a 10 class Groupon. When we completed they give the student a white belt and nunchucks if they decide to continue. We were brought into an office where the instructor asked our child if he would like to continue and we asked him. So, a 4 year is making the decision. If he said no we walk but what parent would deny a child because there could potentially be a few at an unknown future time? Trust me it is not a good sales pitch to talk about you leaving. That was not the conversation if it was mentioned it was brief.

I don't see how businesses dealing with children should be able to have termless contracts. How would one go about introducing a consumer protection law to prevent these situations?

You really can't be this dense...YOU signed the contract. Get it? No, I doubt you do

 

[Whimsy]

they are not providing a service

They are providing a service. They are allowing you access to karate instructions for your child. Whether you use that access is entirely up to you (or, rather, your child, I suppose) but you have access just the same.

I have cancelled gym memberships and not been accessed a cancellation fee.

...because those gyms didn't require a cancellation fee in their contracts. The karate studio does. And you agreed to it, because you signed the contract. You had every opportunity to decline the contract and find another studio with more convenient terms of cancellation, but you went ahead and signed it anyway.

Pay the fee as you promised to do, and in the future be a responsible adult and read contracts before you sign them.