Section 624. Rights of cancellation of contracts for services  


Latest version.
  • 1.  Every
      contract for services at a planned health club or a  health  club  under
      construction shall, at the option of the buyer, be voidable in the event
      that  the  health  club and the services to be provided pursuant to such
      contract are not available within one year from the date the contract is
      executed by the buyer.
        2. Every contract for services shall provide that such contract may be
      cancelled within three business days after the date of  receipt  by  the
      buyer of a copy of the written contract. Notice of cancellation shall be
      delivered  by  certified or registered United States mail at the address
      specified in the contract. Such contract  shall  contain  the  following
      written  notice  in  at  least  ten  point bold type: CONSUMERS RIGHT TO
      CANCELLATION. YOU MAY  CANCEL  THIS  CONTRACT  WITHOUT  ANY  PENALTY  OR
      FURTHER  OBLIGATION  WITHIN  THREE  (3)  DAYS FROM THIS DATE . . . . . .
      Notice of cancellation shall be in writing subscribed by the  buyer  and
      mailed  by  registered  or certified United States mail to the seller at
      the address specified in such form. Such notice shall be accompanied  by
      the contract forms, membership cards and any other documents or evidence
      of  membership  previously  delivered  to  the  buyer.   All moneys paid
      pursuant to such contract shall be refunded within fifteen business days
      of receipt of such notice of cancellation.   If the buyer  has  executed
      any  credit  or  loan  agreement  to  pay for all or part of health club
      services, any such negotiable instrument executed  by  the  buyer  shall
      also be returned within fifteen days.
        3. Every contract for services shall provide that after such three day
      period  for cancellation as provided in subdivision two of this section,
      the buyer's estate may cancel a contract for services if the buyer dies.
      The buyer may  also  cancel  after  three  days  if  the  buyer  becomes
      significantly  physically disabled for a period in excess of six months,
      or moves his residence to a location more than twenty-five miles from  a
      health  club operated by the seller, or after the services are no longer
      available or substantially available as provided in the contract because
      of the seller's permanent discontinuance  of  operation  or  substantial
      change in operation. Nothing contained herein shall restrict or prohibit
      the  seller  from  offering  or providing in such contract additional or
      broader reasons for cancellation.  The  seller  may  require  reasonable
      evidence  for a cancellation pursuant to this subdivision. Such contract
      shall contain the following notice captioned in at least ten point  bold
      type:
      ADDITIONAL RIGHTS TO CANCELLATION:
        You may also cancel this contract for any of the following reasons:
        If  upon  a doctor's order, you cannot physically receive the services
      because of significant physical disability for a period in excess of six
      months.
        If you die, your estate shall be relieved of  any  further  obligation
      for payment under the contract not then due and owing.
        If you move your residence more than twenty-five miles from any health
      club operated by seller.
        If the services cease to be offered as stated in the contract.
        All  moneys  paid  pursuant to such contract cancelled for the reasons
      contained in this subdivision shall be refunded within fifteen  days  of
      receipt of such notice of cancellation; provided however that the seller
      may  retain  the  expenses  incurred  and the portion of the total price
      representing the services used or completed, and further  provided  that
      the  seller  may  demand the reasonable cost of goods and services which
      the buyer has consumed or wishes to retain  after  cancellation  of  the
      contract.  In  no  instance  shall  the seller demand more than the full
      contract price from the buyer. If the buyer has executed any  credit  or
    
      loan  agreement to pay for all or part of health club services, any such
      negotiable instrument executed by  the  buyer  shall  also  be  returned
      within fifteen days.