Is the contract I signed valid?

I have been under a contract for a monthly membership. Last week I found out the contact I was signed up for was for college students at this place of business. I’m in my 30’s. Is this contract valid?

Asked on November 4, 2011 under Business Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is probably still valid:

1) The fact that the other party agreed to the contract can be taken as a waiver, by it, of the requirement that only college students could sign up for this membership.

2) More generally, when the issue is one party's eligibility for a given program, contract, etc., it is the other party which has the right to terminate or void the contract for non-compliance with eligibility requirements. The party for whom eligibilty requirements were waived generally cannot complain of that or terminate the contract.


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