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Karate Contract Not Witnessed - Contract Law Exception?

Discussion in 'Australian Consumer Law Forum' started by Mez, 7 June 2014.

  1. Mez

    Mez Member

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    Hi,
    I signed a Karate contract for my kids, and to my surprise it was for 12 months, but my kids have only attended for 3 months and don't like it.
    I went on today to sign a membership cancellation form and was told that I needed to pay 80% for the remaining commitment term.
    In the confusion there today, they handed over to me the contract and I have noticed that it was never witnessed. There is a provision next to where I signed for a witness to sign.
    Is this a binding contract as it was never witnessed under Australian Consumer Law or Contract Law?
     
  2. John R

    John R Well-Known Member

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    Hi Mez,
    1. As a general rule, unless the contract is a will (or similar legal document) or a loan/mortgage contract that is covered by bank policy requiring a witness signature, the lack of a witness signature won't make the contract void/not binding.
    2. Why do you say you were surprised that the contract was for 12 months? Was it hidden in fine print?
    3. What does the karate contract say in relation to cancellation/termination?
     
    winston wolf and Tim W like this.

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