When signing up a minor to join a Texas gym or martial arts dojo, it’s the parent or legal guardian who typically signs. However, what do you do if the prospective member is an adult who mentally lacks the capacity to sign a binding contract?
For example, let’s say the prospective member is a young adult (18 or over) who has Down Syndrome? Or an older adult with dementia?
In most cases, you’ll want to have the membership agreement signed by a legal guardian. And make copies of the paperwork showing the authority to sign on behalf of the incapacitated adult.
Now that may be a parent, particularly if it’s a young adult that’s had the disability since childhood. However, being a parent by itself doesn’t authorize signing on behalf of a mentally incapacitated adult. Verify there are guardianship papers
Are there other acceptable signatories who are not legal guardians?
In a few instances, you’ll come across someone who has been given a written power of attorney to sign legal documents on an incapacitated adult’s behalf. For example, a husband diagnosed with early dementia may give power of attorney to his wife to act before he becomes incapacitated. Again, make a copy of the power of attorney for your files in case there’s ever an issue regarding the contract’s enforceability.
Of course, your membership agreement should be crafted so that it can be signed by the proper person to make it legally binding. So should your liability waivers and media releases.
That’s in addition to complying with other laws that apply to Texas gyms and martial arts studios, including the Texas Health Spa Act and the state’s biometrics law.
Now if you need help with your membership contract, waivers, and releases, it’s time to set up a phone consultation with Texas Business Lawyer Mike Young.