can a 16yr old sign a contract legally?

30
Found 27th Jan 2015
My 16yr old daughter joined a regiment fitness gym (held in fields) around 2-3wks ago.After her first free session they got her to sign a piece of paper and fill out her details (name, address, and tel no) she said at the bottom of the piece of paper was a blank part for the bank details.They then phoned me that night and asked for my bank details for the direct debit. I phoned today to cancel the direct debit and let them know she wouldn't be returning due to health problems and they have informed me that i have entered into a 4month contract! My daughter never got given a copy of the form she signed and nobody was informed it was a contract.Can my daughter legally sign a form without knowing that they would be sneaky and fill in my details after she has signed it? surely it should have been me that signed it as it was my bank details?

Any info much appreciated.
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so you originally gave them your bank details they may claim that was a verbal contract you entered into on your daughters behalf.
sure someone will be able to help you on it
I think this falls into a grey area, why exactly was she signing? Firstly, I'd request a copy to see.
I (this is my personal opinion) would speak to the manager first. Rather than quote any sort of law, just tell the manager what has happened and that you wish to cancel because of extreme circumstances (ill health). If they are not reasonable, suggest to him / her that they are being unreasonable and that the local paper might be interested in their practises. Bad publicity will scare them more than the courts.
My daughter when signing presumed that it was just a signing of her personal details incase of an emergency etc.
kellee

My daughter when signing presumed that it was just a signing of her … My daughter when signing presumed that it was just a signing of her personal details incase of an emergency etc.


so she didnt read what she actually signed? oO
if it was online, yes. You can argue it was online as you gave your details over the phone, possibly.

Read this.

which.co.uk/con…ons
What exactly did you think you were signing up for when you gave your bank details over the phone for the direct debit if it wasn't a contract?

They then phoned me that night and asked for my bank details for the … They then phoned me that night and asked for my bank details for the direct debit. I phoned today today to cancel the direct debit

I think you need to read that back to yourself and see what you think?
2 week cooling off period on contracts anyway, standard
I think i was a day over the 2wks unfortunatley.
[quote=raveydaveygravey]2 week cooling off period on contracts anyway, standard
I think i was a day over the 2wks unfortunately.
kellee

I think i was a day over the 2wks unfortunatley.[quote=raveydaveygravey]2 … I think i was a day over the 2wks unfortunatley.[quote=raveydaveygravey]2 week cooling off period on contracts anyway, standardI think i was a day over the 2wks unfortunately.



It's 14 working days

I would work out how many days, then take it up again if under 14 working days.
thankyou thats a great help.i will fight my corner based on that i think.
There is no grey area, she is classed as a young person and therefore cannot be held to the terms of the contract.
First thing, cancel the direct debit at the bank, they won't be able to take any more money.

Second, tell them about your daughters health issues and apologise. If they are reasonable then they'll cancel whatever contract they think they have. If they are not, tell them you've cancelled the direct debit anyway. Their only option is to then take you to court. A 16 year old can't enter into a contract, you wasn't aware it was a contract, just a payment method. They will lose. They won't even bother.
some strange 'advice' in this thread
Cooling off period is 14 days, not 14 working days
The OP did not enter into a contract on her daughters behalf. Its the daughters name on the 'contract; therefore the contact is in he daughters name only.

Love the way (assuming the OP is not in Scotland) the best advice has actually been downvoted, post 13

If she lives in England and is under 18 she cannot be legally bound by a contract, there are exceptions, but a gym membership certainly isn't one.

However, if she lives in Scotland the age of legal capacity is 16, so she could be held to it.
[quote=Tony68k]First thing, cancel the direct debit at the bank, they won't be able to take any more money.

Second, tell them about your daughters health issues and apologise. If they are reasonable then they'll cancel whatever contract they think they have. If they are not, tell them you've cancelled the direct debit anyway. Their only option is to then take you to court. A 16 year old can't enter into a contract, you wasn't aware it was a contract, just a payment method. They will lose. They won't even bother
Thankyou,i rung the bank today and they haven't set up a d.d even though they told me the first payment would be took out on 24th.the company was supposed to ring me back today but haven't even bothered! when i mentioned my daughters health issues they said they wanted a doctors letter.
i thought you had to be 18 years old to join a gym unless you have parents consent?

They should also carry out a health assessment form before anyone is signed up

lucas2003uk

i thought you had to be 18 years old to join a gym unless you have … i thought you had to be 18 years old to join a gym unless you have parents consent?They should also carry out a health assessment form before anyone is signed up

The parent did give direct debit details etc. whcih is pretty strong consent really, couldn't call it anything else. Although as said earlier, as long as you are not in Scotland a 16 year old can't enter into that type of contact. Just been on a few major gym website and in their t&cs they all have the bit about monthly or paying in full, but then have a section for teens, if you are between 14-16 they say replace the monthly or in full contract bit with just paying as you go, because they are too young to enter into a contract.
You sure your daughter didn't get a 'friend' to phone and give your bank details? ;-)
MIDURIX

The parent did give direct debit details etc. whcih is pretty strong … The parent did give direct debit details etc. whcih is pretty strong consent really, couldn't call it anything else. Although as said earlier, as long as you are not in Scotland a 16 year old can't enter into that type of contact. Just been on a few major gym website and in their t&cs they all have the bit about monthly or paying in full, but then have a section for teens, if you are between 14-16 they say replace the monthly or in full contract bit with just paying as you go, because they are too young to enter into a contract.



but it would need to be full consent not direct debit details that isn't proof of anything
There's a lot of rubbish being posted here by people who really have no idea what they are talking about.

See post # 15 for the answer.
just a little of topic if your daughter wants to get fit . use you tube . set some space in her room use a laptop or PC or whatever and find some workouts based on her level and get fit at her own pace and time .
toshapetriji

There's a lot of rubbish being posted here by people who really have no … There's a lot of rubbish being posted here by people who really have no idea what they are talking about.See post # 15 for the answer.



and post #21 apparently.....
Tony68k

. A 16 year old can't enter into a contract,.




Nothing more needs to be said.
The above is nearly correct. A person under the age of what's classified as a 'minor' is only bound by contracts that are for goods deemed as necessities under the Sale of Goods Act 1979. I don't think a gym membership is a necessity

A strange case on this subject though is Peters v Fleming [1840] where it was ruled that a gold ring was a necessity as the minor was a child of an MP.


Edited by: "rikkif1990" 28th Jan 2015
Strange country we live in where a 16 year old can get married or join the army but arent held legally responsible for signing a contract! oO
Well they still haven't rung me back so i think they know they won't get anywhere with it all.Lesson to be learned, be careful if you join 'regiment fitness'!
kellee

Well they still haven't rung me back so i think they know they won't get … Well they still haven't rung me back so i think they know they won't get anywhere with it all.Lesson to be learned, be careful if you join 'regiment fitness'!



Another lesson for everyone is to read what you're signing. Makes everything a lot clearer!
chocci

Strange country we live in where a 16 year old can get married or join … Strange country we live in where a 16 year old can get married or join the army but arent held legally responsible for signing a contract! oO



They'd probably have brand new TV's, phones and all sorts if that was the case
kellee

Well they still haven't rung me back so i think they know they won't get … Well they still haven't rung me back so i think they know they won't get anywhere with it all.Lesson to be learned, be careful if you join 'regiment fitness'!

The chances are they probably don't know the law. Before I studied Contract Law I would have assumed a 16 year old would be bound by such a contract, but the law can be a strange thing sometimes as stated above.

Another strange example in Contract Law is that someone can advertise a gun for sale in, for example, a newspaper, and by doing so he or she is not breaking any laws even though guns are not permitted in the UK. You would think that under the Firearms Act 1968 the person was committing an offence under S3 of the Act, but technically it's an 'invitation to treat'.


Edited by: "rikkif1990" 30th Jan 2015
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