Is the contract I signed valid?

UPDATED: Nov 4, 2011

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Is the contract I signed valid?

I have been under a contract for a monthly membership. Last week I found out the contact I was signed up for was for college students at this place of business. I’m in my 30’s. Is this contract valid?

Asked on November 4, 2011 under Business Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It is probably still valid:

1) The fact that the other party agreed to the contract can be taken as a waiver, by it, of the requirement that only college students could sign up for this membership.

2) More generally, when the issue is one party's eligibility for a given program, contract, etc., it is the other party which has the right to terminate or void the contract for non-compliance with eligibility requirements. The party for whom eligibilty requirements were waived generally cannot complain of that or terminate the contract.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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