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My son signed a contract on July 13 for a 3 year contract

Customer Question
hi there, My son signed...
hi there, My son signed a contract on July 13 for a 3 year contract with a martial arts club and Im trying to find a way to cancel the contract
JA: What state are you in? It matters because laws vary by location.
Customer: Indiana
JA: Has anything been filed or reported?
Customer: on him of the company or the company
JA: Was this discussed with a manager, HR, or an attorney?
Customer: no not yet we are planning on talking with them tomorrow
JA: Anything else you want the lawyer to know before I connect you?
Customer: jus trying to get out of this without getting sued
Submitted: 4 months ago.Category: Legal
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Answered in 18 minutes by:
7/27/2017
Lawyer: Law Educator, Esq., Attorney replied 4 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 120,156
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What does the contract say about cancellation clause? How old is your son?
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Customer reply replied 4 months ago
hes 24 and the only cancellation information states that the cancellation will need to be mailed to the seller under these conditions, the member dies, the member is completely disabled, the location moves, and that the contract is non-cancellable
Lawyer: Law Educator, Esq., Attorney replied 4 months ago

Thank you for your reply.

This is a huge issue, because under Indiana law there is no statutory right to cancel this type of contract and the courts hold that when someone signs a written contract that signature means they read the contract and intend to be bound by it. The courts say if that were not the case, such contracts would be meaningless.

If the contract he signed says it is not able to be cancelled except for those limited reasons, you will need to negotiate with the business, because legally they have your son in a legal corner.

Under Indiana law, the contract must inform the customer that he had 3 days from date of the contract to cancel, in addition that the contract can be cancelled if the member dies, the location moves or the member is disabled. See: Indiana Health Spa Services Act, Ind. Code § 24-5-7-1 to -18. If the contract did not give him 3 days notice in the contract, then this is a violation of the act and grounds to let him exercise that right to cancel now. The health club act has been held to apply to Karate Schools by the courts.

If the contract did say he had 3 days to cancel, along with the other provisions, then your son would be bound and will have to negotiate a cancellation or will have to attend/pay.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Law Educator, Esq.
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Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 120,156
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