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Business
Health Clubs
Home Matters
Getting A Refund, Replacement Or Repair
Lawyers/Courts/Self-Help
Your Rights And Obligations When You Sign (Consumer-SOS)
Common
Mistakes About Contracts (Consumer-SOS)
Changing
Standard Form Contracts To Fit Your Needs (Consumer-SOS)
Contract Terms Courts Usually Won't Enforce (Consumer-SOS)
Fundamentals Of Contract Law- How Do
You know when You've Got a Deal
Includes basics on Capacity, Written and Oral Contracts
Offer and Acceptance, Acceptance, Conditions, Consideration
Reliance, Agents and Delegations and Assignments .
Sample Health Club
Contract And How To Modify
(Consumer-SOS)
Basics
On Contracts (Not State Specific)
Bars
To A Contract-When You Can Get Out of One
Find out what defenses you may have so you can escape a bad deal. Learn
about Illegality, Duress, Undue Influence, Fraud, Mistake, Statutes of Limitations, Changing Situations,
Unconscionability
and Practical Contracts.
Tips On Understanding Contracts (BBB)
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Writing Your Own Contracts
Tips For Writing Contracts
(Findlaw)
Writing Your Own
Contract (Form w/tips)
Changing
Standard Form Contracts To Fit Your Needs (Consumer-SOS)
Sample Health Club Contract And How To Modify (Consumer-SOS)
See
Business Forms
(Consumer-SOS)
See Legal Forms
(Consumer-SOS)
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Your Right To Cancel Or Get A
Refund
The
Mail & Telephone Order Merchandise Rule
The Cooling Off
Rule (When You Can Cancel A Sale or Sales Contract)
Bars
To A Contract-When You Can Get Out of One
Find out what defenses you may have so you can escape a bad deal. Learn
about Illegality, Duress, Undue Influence, Fraud, Mistake, Statutes of Limitations, Changing Situations, Unconscionability
and Practical Contracts.
For small businesses.
Shopping From Home-Your Cancellation Rights
Learn about your right to return merchandise, cancel orders and
protect yourself from fraud.
How Military Members Can Cancel TV, Internet and Phone Contracts Without
Fees
SCRA will apply if you deploy or relocate for at least 90 days
to a new location that doesn't offer your current service.
The Servicemembers Civil Relief Act - SCRA
The SCRA provides a wide
range of benefits and protections to those in military service who are on
active duty. See
50 U.S.C. §§
3901-4043.
It covers issues such as rental
agreements, security deposits, prepaid rent,
evictions,
installment contracts, phone payment plans,
credit card interest rates and credit reporting/debt collection, mortgage
interest rates, mortgage foreclosures, civil
judicial proceedings, automobile leases, life insurance, health insurance
and income tax payments. The SCRA also provides certain benefits and
protections to service member dependents.
Unordered
Merchandise (FTC)
How To Right A
Wrong (FTC)
See
Getting Refunds, Replacements and Repairs
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Credit Repair Contracts
(no state links at this time)
SEC. 2451. FEDERAL REGULATION OF
CREDIT REPAIR ORGANIZATIONS
Title IV of the Federal Consumer Credit Protection Act (Public Law 90-321, 82 Stat. 164)
is amended to read as follows:
SEC. 407. 3 DAY RIGHT TO CANCEL A CREDIT REPAIR CONTRACT.(11)
(a) In General. -- Any consumer may cancel any contract with any credit repair
organization without penalty or obligation by notifying the credit repair organization of the
consumer's intention to do so at any time before midnight of the 3rd business day which
begins after the date on which the contract or agreement between the consumer and the credit
repair organization is executed or would, but for this subsection, become enforceable
against the parties.
(b) Cancellation Form and Other Information. -- Each contract shall be
accompanied by a form, in duplicate, which has the heading 'Notice of Cancellation' and contains
in bold face type the following statement:
'You may cancel this contract, without any penalty or obligation, at any time before midnight of the 3rd day which begins after the date the contract is
signed by you.
To cancel this contract, mail or deliver a signed, dated copy of this
cancellation notice, or any other written notice to (name of credit repair organization) at
(address of credit repair organization) before midnight on (date) I hereby cancel this transaction,
(date)
(purchaser's signature).
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Your
Rights And Obligations When You Sign A Contract
A contract is a written or oral agreement that defines the rights and duties
of both you and the other party.[1]
When you enter into a contract, both you and the other person make a
joint commitment that has the force of law.
This means that either of you can sue if the commitment is broken.
Keep
in mind that courts generally respect your right to bargain and will rarely step in just
because the contract is unfair or one sided.
By and large, when you sign a contact you will be held to the contract's
provisions. This holds true even
when the terms are unfair or you never took the time to read them.
Common
Mistakes About Contracts
Many
people foolishly assume they have three days in which to cancel a contract.
But this is not true in most cases.
The three day rule is something enforced by the Federal Trade Commission
and applies almost exclusively to contracts involving door to door sales.
Another
mistaken belief is that the laws in all states are identical.
Contract laws can and do vary from state to state.
The rights given to consumers under the laws of Idaho will have no
bearing on your rights while in Georgia. Likewise,
while you have 7 days to cancel a health club contract in Georgia, you may not
have such a right in Florida.
Changing
Standard Form Contracts To Fit Your Needs
As a consumer, you are at a distinct disadvantage when you sign a standard
or "boiler plate" contract. Never
forget that contracts for health clubs, airlines, and housing always favor the
seller over the buyer. The problem
is made worse because a lay person may find the contract's small print hard to
read and full of legalese. That is
why you should never sign a contract until you have read and understand
each and every part of the agreement.
But
you can change a contract by penning in more favorable terms and/or crossing out
the terms you dislike.
Remember, your right to bargain is just as important as the seller's.
Note that when you cross out terms before signing, you have made an
entirely new offer which the seller is free to accept or reject.
If
the seller then signs the contract, he must abide by all of its terms even if he
later claims he never saw the changes made to it.
For your protection, make sure you press hard enough so that the
alterations appear on your carbon copy.
Put
your initials next to where you made the changes if possible.
Then if you lose your copy, your initials will show that you had changed
the original contract before signing it.
Contract
Terms Courts Usually Won’t Enforce
While courts normally respect people's right to make agreements, some
contracts are just so objectionable that they will not be enforced.
A contract is legally invalid if it is procured through fraud, violates
the law or goes against public policy. Note:
An invalid contract won't be enforced even though you signed it.
Often valid contracts will have invalid provisions within them.
When this occurs, courts will most likely strike out the offensive term
and uphold the rest of the contract.
But courts are hard to second guess. You
never know when they will void the entire contract, leave the contract as is, or
delete just one provision. Play it
safe and be sure to cross out offensive terms before signing any agreement.
Samples
Of Invalid Contracts
Examples of invalid contracts may include: agreements where you waive your right
to sue your doctor or lawyer for negligence or malpractice; contracts for
illegal services such as for prostitution; illegal gambling, or illegal lottery
operations; residential leases that
make the tenant responsible for repairs due to normal wear and tear, and any
lease that holds the landlord harmless for any and all damages to both person
and property.
Note: Always beware of provisions that allow sellers to duck out of their responsibilities. Agreements in which sellers try to avoid their own negligence are in many states found void for public policy reasons.
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Sample
Health Club Contract And How To Modify
Below is an Waiver and Release provision from a Bally's Health Club contract. All potentially invalid
terms have been highlighted. Terms
you should modify have been underlined.
You
agree on behalf of yourself (and your personal representatives, heirs,
executors, administrators, agents and assigns) to release and discharge us (and
our affiliates, employees, agents, representatives, successors and assigns) from
any and all claims or causes of action (known and unknown) arising out of our
negligence. This Waiver and Release
from liability includes without limitation, injuries which may occur as a result
of (a) your use of any exercise
equipment or facilities which may malfunction or break, (b) Our
improper maintenance of any exercise equipment or
facilities © our negligent
instruction or supervision, and (d) you
slipping and falling while in the health club or on the premises. YOU
ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY
UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.
YOU ARE WAIVING ANY RIGHT THAT
YOU MAY HAVE TO BRING A LEGAL ACTION TO ASSERT A CLAIM AGAINST US FOR OUR
NEGLIGENCE.
Suggested
ways To Modify:
Change
any term that will release the health club from its own negligence. Replace
the word "our" with the word "my" throughout the
paragraph. In section (a)
insert "naturally" before the word "malfunction".
In section (d), insert the word "negligently" between "you" and "slipping".
[1]In
many states, oral or spoken agreements are also binding
contracts. For Example: In Georgia, an oral contract is binding if
you are bargaining for something less than $500 and the contract is able to be performed within a year
of your agreement.
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Other Types Of Contracts
Various Types of Contracts
(Nolo)
All about contracts-from real estate to retail. Choose your topic and blast off.
See Business Matters
See Work
For more help See Consumer-SOS Subject Index
Where To Go For Help
Find
Your City & State Consumer Protection Offices (DC Included)
These are the agencies that regulate any unfair business practices in your
state. They
also have information on a variety of consumer subjects relating to cars,
lawyers, credit, contracts, employment, home improvement, employment, etc.
Better Business Bureaus
(Links Throughout The U.S.)
Find
Your Local Newspaper, Magazine, Radio & TV Stations
Give them a little bad press and you're bargaining power increases tremendously.
Select your state, and then click on your county or city for the proper media to
report to. (DC Not Included).
Find The AARP In Your
State
The AARP offers legal advocacy for seniors and may also have state specific
consumer brochures which are available to everyone.
Government
Complaint Center
Find the federal agency that deals with your problem and fill out an online
complaint form to get them to investigate. Subjects regulated include,
airlines, banks, food, medicine, car matters, cell phones, health clubs
and much much more.
The Federal Trade Commission
National Help Orgs For A Variety Of Consumer Problems
The Elderly, Environment, Families, Fraud, Health & Safety, Insurance The
Handicapped, Medical Problems, Telemarketing and more.
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Related Topics
Business
Health Clubs
Home Matters
Getting A Refund, Replacement Or Repair
Lawyers/Courts/Self-Help