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My son was working first as a floor staff member,

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Hi My son was working for...
Hi
My son was working for fitness first as a floor staff member, cleaning equipment and welcoming customers, getting paid an hourly rate. He started when he was in grade 11. They talked him into working as a personal trainer meaning he had to start a franchise to be able to work there. My son bought home a huge contract for us (parents to view) we didn't get a chance to read it. Next thing we hear he signed it. My son claims that he was asked to sign (15/08/13) as it had to be done before his induction date on the 22nd. So my son signed this contract before he was 18 as his birthday is ***** Without parent consent. Does this make the contract legal?
We have had issues with fitness first, my son is not working for them anymore. Robert was working long hours without getting paid, fitness first had this deal with new clients that when they joined a gym membership they received 3 free personal training sessions. They would give this to my son. The idea was for him to talk these clients into using his services after the free sessions. However these clients are not interested in paying extra fitness costs. My son found himself in a situation where he had to pay $500 a week rent to the gym and not getting any income to be able to pay it. In the duration of this, he got so stressed out and became depressed, mentally unstable with suicidal tendencies, as they were pressuring him with the financial circumstances. Fitness first continuously harassed him, so I asked them to stop contacting him as I was trying to stabilise him. Hence the amount owing was about $3000, and now after debt collectors they recon we owe them $11000. They are taking him to court. We can't afford solicitor costs, and was thinking of representing ourselves.
What are your thoughts?
Thanking you for your assistance.
Christine
Submitted: 2 years ago.Category: Australia Law
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Answered in 2 hours by:
5/27/2015
Solicitor: Leon, Solicitor replied 2 years ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 45,460
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Good Afternoon
My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.
It is not a simple question to answer because we need to see the agreement.
it may not be binding because they have to comply with disclosures and your son has to get legal and financial advise.
You should pay some money and have the agreement looked over by a solicitor that practices in Franchise Law to get advise on whether it can be broken and he can claim compensation.
The law society of QLD can refer you.
Their website is as follows
http://www.qls.com.au
But as he signed it it is legal but he may be able to breack it if they have not complied.
Franchise law is the same in all states.
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