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Can I be bound in a crossfit gym contract that I haven't…

Customer Question
Hi can I be bound...
Hi can I be bound in a crossfit gym contract that I haven't physically signed? I was sent a message saying that my contract had expired and that since I had a special price that they would be happy to renew my contract for twelve months, I responded with "yeah that would be great thank you". the gym owner responded saying that I would have to sign a new waiver which I never did.
I have since provided the crossfit gym with a DR's certificate for a previous back surgery informing the crossfit gym that I can no longer perform crossfit.
The Gym owner has turned around and said that they won't cancel my membership and won't except the certificate.
Thank you in advance for any help you can provide me with.
David.
Submitted: 3 years ago.Category: Australia Law
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Answered in 4 hours by:
6/22/2015
Solicitor: Patrick H., Lawyer replied 3 years ago
Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5,422
Experience: Dip Law LPAB - Sydney based lawyer
Verified
Hello and thank you for your question.The signing of a contract is not essential to make it binding as other evidence may be used to show that you agreed to proposed terms, even if you didn't actually sign them. However, absent clear evidence that you were on notice of the terms of an agreement, it will be difficult for the other party to prove that you agreed to all the terms of the contract, and in particular that you were actually on notice of any small print terms.So, if you have been paying them for your gym membership to date, the undoubtedly a court would find that there was a contract, but absent evidence that you were actually on notice of various terms, it will likely consider it a bare contract with only such terms as are necessary to make sense of your payments and use of the gym. However, if they can satisfy a court that you were put on notice of their proposed written contract before you started using the gym, then it is possible a court would find you bound by the written contract.I trust the above assists.Good luck and please rate my answer.Thanks,Patrick
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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