Is a policy or terms and conditions invalid if a minor signs it?

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Is a policy or terms and conditions invalid if a minor signs it?

I work at a driving school and we have them sign a policy form. We recently had a parent say that we cant hold them against it because they are minors, is that true?

Asked on September 13, 2011 under Business Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Legally, a minor may generally not execute an enforceable contract; therefore, if you have anything you want to make sure that is binding and enforceable, while there's no harm in having the minor sign it as well, you need to have the parent or legal guardian sign it.

On the other hand, even if the signed policy is not legally binding, it can still serve an informational purpose, which is valuable. For example, say that the document lets the minor driver student know that he or she may not drive your school car without an instructor in it, then if the minor does  that and gets into an accident, it becomes easier to establish the minor's wrongdoing, since you put them on notice.

So you should have anything important signed or countersigned by a parent if you want it to be binding, but presenting useful information itself does have a value.


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