Section 623. Contract restrictions  


Latest version.
  • 1.  No  contract  for services shall
      require payment by the person  receiving  service  or  the  use  of  the
      facilities  of  a  total  amount in excess of three thousand six hundred
      dollars per annum, provided, however, that this  subdivision  shall  not
      apply to contracts relating solely to the use of tennis, platform tennis
      or racquet ball facilities.
        2.  No  contract  for  services  shall  provide for a term longer than
      thirty-six months. No contract for services shall  require  payments  or
      financing  by  the  buyer over a period in excess of thirty-seven months
      from the date the contract is entered into, nor shall the  term  of  any
      such contract be measured by or be for the life of the buyer.  Provided,
      however,  that  the  services  to  be  rendered  to  the buyer under the
      contract may extend over a period not to exceed  three  years  from  the
      date the contract is entered into with the right to renew, at the option
      of the buyer for a like period. The buyer may have thirty days after the
      expiration  to  renew the contract. The installment payments shall be in
      substantially equal amounts exclusive of the down payment and  shall  be
      required  to be made at substantially equal intervals, not to exceed one
      month.
        3. No contract for services may contain  any  provisions  whereby  the
      buyer  agrees  not  to  assert  against  the  seller  or any assignee or
      transferee of the health club services contract  any  claim  or  defense
      arising out of the health club services contract.
        4.  No  contract  for  services  may  require  the  buyer to execute a
      promissory note or series of promissory notes  which,  when  negotiated,
      cuts  off as to third parties a defense which the buyer may have against
      the seller.
        5. No contract may be assigned by one health club  to  another  health
      club  not  located  on  the same premises without written consent of the
      buyer.