Debary, FL asked in Contracts and Collections for Florida

Q: Hello. I signed a contract with a Gym and I'm under 18. I want to cancel the membership and the contract with no penalty

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1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
Answered
  • Collections Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: You didn't ask a question. I assume, however, you would like to know if you can "cancel" the gym membership without potentially being sued for the balance due on the contract. Minors have no legal capacity to enter into contracts (unless they have been legally emancipated). If you had no legal ability to enter into the contract, there is no valid contract to "cancel". It's void. Also, minors do not have the legal capacity to be sued. If you parent(s)/guardian(s) had no knowledge that you signed that contract and had absolutely nothing to do with the situation, there probably would not be a viable claim against them, either. However, if you misrepresented your age to the gym, presented a fake ID, or anything of that sort, the first thing I would do if I were the gym owner would be to consult a lawyer to see if I could sue your parent(s)/guardian(s) and would also report the misrepresentation to the police, which could potentially result in juvenile delinquency charge(s). Best for you and your parent(s)/guardian(s) to seek a confidential consultation with an attorney to determine best way to protect yourselves.

Terrence H Thorgaard agrees with this answer

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