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

UPDATED: Sep 30, 2022

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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


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

Answered 5 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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