Q: I signed a contract for ATM placement in my place of business. The contract says that it renews automatically after
the initial 5 year term. It has now gone thru its 2nd 5 year term and is currently in its 3rd five year term. I requested to terminate the contract. I was told that I could only terminate it with notification at the end of a five year term. I gave written notice recently. Do these contracts run in perpetuity? Shouldn't I be able to terminate the contract after written notice? This is in the state of Oregon.
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A:
Contracts generally do not run in perpetuity, but they can control the manner and timeframe for termination. As long as the contract is legally binding, you would have to terminate in accordance with the terms of the agreement you signed.
If this contract is governed under the laws of Oregon, there may be provisions under Oregon state law that might govern whether certain provisions within your contract are legal or enforceable, including provisions on recurring subscriptions.
In Oregon, it is unlawful to make an automatic renewal or continuous service offer to a consumer without presenting the offer terms in a clear and conspicuous manner before the subscription or purchasing agreement is fulfilled.
There are other requirements under this law as well, but a contract attorney versed in this area of the law would be your best recourse to get legal advice that specifically pertains to your situation.
Tim Akpinar agrees with this answer
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