• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Is a minor's signature on a contract binding?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.



I love this site! This is my 3rd post....;-)
My daughter signed a contract with a health club here in Texas when she was 17, then tried to cancel when she left for college. They said they wanted a $50 cancellation fee, plus 3 forms of proof that she had moved. She & I each called & wrote to them, telling them that she didn't have 3 proofs of moving, as she had not changed her driver's license, etc.
Finally, I sent them a check "in good faith" for 2 months' membership, with late fees, plus the $50, along with 2 pieces of proof that she moved, plus a curt statement that I, as her mother, was telling them that she moved......and that I didn't think I really needed to send them ANY money, since she was a minor at the time of the "contract." I told them I was sending them a check "in good faith" anyway & that I wanted this dropped & that I did not want to see it turn up on anyone' credit report.
They wrote back, saying that her proof of moving wasn't good enough; in addition, they are requesting a copy of her birth certificate.
I have decided that it was THEIR responsibility to determine whether she was old enough to enter this contract. As such, I do not want to spend any more time, money or aggravation on this & in fact, I feel like they ought to give me back the "good faith" money I sent & possibly ALL the money that my daughter spent on this club, because she WAS A MINOR at the time.
Can someone advise me? How can I make them leave us alone without my having to jump through any more hoops for them? They are still charging her every single month & tacking on late fees, threatening collection, etc.
And is it possible to get any money refunded?


Senior Member
My response:

The biggest problem I see is that, while your daughter (we'll call her "Jane") signed the contract when she was 17, Jane failed to "rescind" the contract in writing BEFORE she turned 18. Therefore, Jane (and you because you paid more money) "ratified" the contract. You never should have paid any money to them. At worst, your daughter could have sued the Club in Small Claims court for "rescission of contract" and obtained an order of rescission from the court, thus cancelling the contract.

Therefore, and now, by virtue of your actions and the passage of time, Jane is stuck with the contract and it's terms.


By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

[This message has been edited by I AM ALWAYS LIABLE (edited October 29, 2000).]

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential