California: I signed up for a personal trainer at LA Fitness a few months ago over the phone with a representative. I never signed the contract but the rep signed it as if it were me.
Now in the contract they say it's for 12 months and to cancel I have to buy out for the remainder months.
How binding is this contract without my actual signature?
Contracts formed over the internet and over the phone can be legally binding, with or without signatures. Was your agreement with the LA Fitness trainer recorded? Did you receive a confirmation of the agreement (by letter, by email, in person)?
Because you waited "a few months" to attempt to cancel the contract, you are probably committed to fulfilling the terms of the agreement - by either continuing with the personal trainer and paying, or by not continuing with the personal trainer but paying for the remaining months left.
You can have the matter reviewed personally by an attorney in your area, to better determine if you have a legal "out." I have not looked into LA Fitness to see if there have been problems with their over-the-phone contracts in the past but, based strictly on what you have posted here, I do not see that you have an easy escape from your agreement, especially if you have already taken advantage of the personal trainer's services.
I agree with Zigner.
