After receipt
of a written notice of cancellation, the health studio shall
provide a refund to the buyer within thirty days. The health
studio may require the buyer to return any membership card or other
materials which evidence membership in the health studio. The
buyer is entitled to a refund and relief from future obligations
for payments of initiation or membership fees and use fees or dues
as follows:
(1) The buyer is entitled to a refund of the unused portion of
any prepaid use fees or dues and relief from future obligations to
pay use fees or dues concerning use after the date of cancellation.
(2)(a) Subject to (b) of this subsection, if a contract
includes a one-time only initiation or membership fee and the buyer
cancels pursuant to RCW 19.142.040(7)(a), the buyer is entitled to
a pro rata refund of the fee less a predetermined amount not to
exceed one-half of the initial initiation or membership fee if the
contract clearly states what percentage of the fee is nonrefundable
or refundable.
(b) If a contract includes a one-time only initiation or
membership fee and the buyer cancels pursuant to RCW 19.142.040(7)(a) three years or more after the signing of the
contract requiring payment of such fee, such fee is nonrefundable.
(3) If a contract includes an initiation or membership fee and
the buyer cancels pursuant to RCW 19.142.040(7) (b) or (c), the
buyer is entitled to a pro rata refund of the fee less a
predetermined amount not to exceed one-half of the initial
initiation or membership fee unless the following clause is
contained in the contract and signed separately by the buyer. The
clause shall be placed under a conspicuous caption in capital
letters and bold face type stating the following:
[1990 c 55 § 3; 1987 c 317 § 6.]