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chooboy00

Post-Dated Contracts

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Without naming names-

I was offered the "opportunity" to lock in a certain price to gain membership into a certain club with heralded benefits. So, I signed a contract, and dated it 6 months from the day I actually signed it. I have determined and I cannot afford the service, and am trying to cancel the membership BEFORE the date written on the contract.

Am I legally bound to this contract even though we have yet to reach the date written and signed on the contract, or can I not cancel/void the contract since the date has not yet come?

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First of all, it's not clear why you post-dated the contract. Second, you didn't indicate whether the other party signed the contract. Both of those facts are highly relevant, as is the identity of the state whose laws govern the contract (probably your state of residence, but maybe not if the contract says something else).

It's not clear why you think post-dating your signature on the contract would effectively give you a six month cancellation period. In the unidentified period of time since you signed the contract, have you enjoyed the benefits of membership or otherwise received any consideration? Have you paid any membership dues/fees for your membership?

Ultimately, as is the case with any contract, the question is whether there was a mutual intent to be bound by the contract you signed. I suspect you will claim a lack of intent, but your actions since then may belie such a claim.

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I'm not clear what you thought post-dating would get you, unless you ensured there was some clause in the contract that said you had X length of time to decide you wanted to cancel and could do so for no reason or any reason. Not clear why you wouldn't just, well, think on it for X months and decide later whether you wanted to enter into the contract. We can't know what the contract says from here about this, but there won't be a law saying you're free to blow off the contract just because its term hasn't started. Obviously, you won't be in breach of it as yet, but telling whomever that you don't intend to abide by it could technically give them a window to threaten to or sue now vs. later if you've made it clear you won't live up to your end of the bargain.

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I am not certain that all of the questions were/are relevant, but here are some of the answers/info requested.

I signed a Membership Agreement. We post-dated the contract because I was ready to walk out the door because I was still unsure. I was told (probably lied to), that I would be receiving a HUGE discount on membership if I signed up THAT day. When I was ready to leave I was told I could lock that price in if I signed a post-dated contract. (the price that was supposed to be thousands less than if I came back again later)

The mood and intent was definitely that this way I would have time to think on it. At this point I just cannot afford the membership, bottom line. I am self-employed and the last several months have been terrible. So, I need to know, since both parties fraudulently signed the contract, is it voidable?

Both parties did sign, and I have NOT received any consideration from the company since that time. The state would be Kansas.

You may think of me as a weasel, but that never was, and is not, my intent. Just looking for some answers.

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chooboy00 said...

We post-dated the contract because I was ready to walk out the door because I was still unsure.

This is a good illustration of how a really small change can make a big difference. You originally said, "I . . . dated [the contract] 6 months from the day I actually signed it." Now, it's "we." Contracts are all about the mutual intent of the parties.

chooboy00 said...

So, I need to know, since both parties fraudulently signed the contract, is it voidable?

Nothing in either of your posts suggests that any fraud occurred. Why do you think "both parties fraudulently signed the contract"?

As for the contract being "voidable," it's hard to say without seeing the contract. Your post suggests that both parties had an intent not to have a binding contract until the future date. On the other hand, if that intent is not expressed in the contract, you may be out of luck. When two parties have a written contract, it's difficult to get evidence introduced regarding some oral agreement outside or contrary to the terms of the written contract.

What sort of "membership" is this? Many states have laws relating to things like gyms, so it would be helpful to know.

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I definitely understand what you're saying, and I do apologize for not being as clear as possible. I am just trying to not divulge the entity involved.

To be clearer- the 'membership' is to become a member of a group with collective buying power.

Also, I guess the reason why I am considering there to be fraud on the contracts is that the signatures lines read "date of signature" and NOT something like "date agreement set to begin". If both parties knowingly lied on the "date of signature", does that leave a loophole for voiding the contract?

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chooboy00 said...

To be clearer- the 'membership' is to become a member of a group with collective buying power.

I think I understand what you're talking about. Probably not the sort of thing that's going to have an applicable statute.

chooboy00 said...

Also, I guess the reason why I am considering there to be fraud on the contracts is that the signatures lines read "date of signature" and NOT something like "date agreement set to begin". If both parties knowingly lied on the "date of signature", does that leave a loophole for voiding the contract?

No. There's no fraud because each party was aware what the other was doing, and there's no "loophole" associated with something like this.

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