united-states contract-law signature maryland
Implied Acceptance of Contract by Paying Invoice
<p>I rented a boat slip at a marina for a month in Maryland.  I was sent a QuickBooks invoice via email (with integrated payment button), and attached to the email were two documents - an invoice and a contract.  I paid online with a credit card.</p>
<p>The email and the invoice both had the line &quot;Payment of the invoice means acceptance of the terms of the attached contract.&quot;  Question #1: is this legally binding upon payment?</p>
<p>The contract is written in a way that raises more questions.  It is a PDF with all my info all ready filled in by their office staff.  Two issues caught my eye.  The following text is part of the contract: &quot;This agreement is not cancellable or refundable unless written permission from XXX is given. Initial____&quot;  I never signed this document, electronically or on paper, and therefore, my initials are not filled in.  Question #2: Is this clause binding since my initials are clearly desired but not present?</p>
<p>Further, there is a standard signature &amp; date block at the end of the contract.  My name was typed in by their office staff, and the date is blank.  Question #3: Is the cancellation clause above, and the contract as a whole, legally binding, or am I free to cancel at any time?</p>

<blockquote>
<p>Question #1: is this legally binding upon payment?</p>
</blockquote>
<p>Yes</p>
<blockquote>
<p>Question #2: Is this clause binding since my initials are clearly desired but not present?</p>
</blockquote>
<p>Yes</p>
<blockquote>
<p>Question #3: Is the cancellation clause above, and the contract as a whole, legally binding, or am I free to cancel at any time?</p>
</blockquote>
<p>It’s binding. If the cancellation clause is enforceable under local consumer protection law (and I don’t see why it wouldn’t be) then you can’t cancel except with the other party’s agreement.</p>
<p>Offers can be accepted by word (signing the contract) or deed (paying the invoice) and you only have to do one of these to form a valid contract. Acceptance by performing (some of) the obligations under the contract is in fact the most common way contracts are accepted - think about the last time you bought groceries; did you say you were entering a contract to buy them or did you just put them on the check out counter and pay what was asked?</p>
<p>By the way, there is nothing “implied” about your acceptance- it’s explicitly spelled out that paying is accepting.</p>
