My son signed a gym agreement as a minor and was told over the phone to sign for the parent

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My son signed a gym agreement as a minor and was told over the phone to sign for the parent

The contract does not list me as a party to the contract but there is a signature
not dated that is allegedly mine father. My sons name is the only one listed on
the top of the contract and he also signed it at the bottom and dated it. I did not
sign the contract.

Is this contract valid? Son became an adult a few months after signing the
contract and at that point the gym did not do a different contract with him only.
However, the gym stopped asking for my signature or consent for anything even
though they said I was a part of the contract.

Thank you

Asked on February 9, 2017 under Business Law, Massachusetts

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

A minor cannot enter into a contract or sign a contract.  Therefore, you have a defense of minority to enforcement of the contract.
You also have a defense to enforcement of the contract for fraud in the execution which is your signature on the agreement which you did not sign. There should not be a charge for a notice requirement or anything else on a fraudulent document.


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