Can I enter out of a contract signed today if it isn’t effectiveuntil a month from now?
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Can I enter out of a contract signed today if it isn’t effectiveuntil a month from now?
I signed a contract today for a gym membership but my 12 month term does start start until a month away. The contract says that if you leave the contract you must the remain for the term that is left, but my term hasn’t started. What are my rights in leaving this contract? Can I just cancel it seeing as payments haven’t been made and the fact that it isn’t effective for another month?
Asked on October 12, 2010 under General Practice, Louisiana
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
What I think that you are hoping for is what is known as a right of rescission of the contract you have entered in to with the gym. That right can occur by Federal Law as with a mortgage or loan, or it can be given through state legislation as well. It can also be a matter of law when a "principle" of law has been violated as when a contract is entered in to under duress. But it is not necessarily an absolute right and the right to enter in to a contract and to hold parties to their word is one that the courts seek to uphold. The fact that the contract does not actually start for a month may or may not have any bearing but I would bring it in to an attorney to read and to review with you your rights thereunder and under state law.
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