A contract for health
studio services shall include all of the following:
(1) The name and address of the health studio facilities
operator;
(2) The date the buyer signed the contract;
(3) A description of the health studio services and general
equipment to be provided, or acknowledgment in a conspicuous form
that the buyer has received a written description of the health
studio services and equipment to be provided. If any of the
health studio services or equipment are to be delivered at a
planned facility, at a facility under construction, or through
substantial improvements to an existing facility, the description
shall include a date for completion of the facility,
construction, or improvement. Health studio services must begin
within twelve months from the date the contract is signed unless
the completion of the facility, construction, or improvement is
delayed due to war, or fire, flood, or other natural disaster;
(4) A statement of the duration of the contract. No
contract for health studio services may require payments or
financing by the buyer over a period in excess of thirty-six
months from the date of the contract, nor may any contract term
be measured by or be for the life of the buyer;
(5) The use fees or dues to be paid by the buyer and if such
fees are subject to periodic adjustment. Use fees or dues may
not be raised more than once in any calendar year;
(6) A complete statement of the rules of the health studio
or an acknowledgment in a conspicuous form that the buyer has
received a copy of the rules;
(7) Clauses which notify the buyer of the right to cancel:
(a) If the buyer dies or becomes totally disabled. The
contract may require that the disability be confirmed by an
examination of a physician agreeable to the buyer and the health
studio;
(b)(i) Subject to (b)(ii) of this subsection, if the buyer
moves his or her permanent residence to a location more than
twenty-five miles from the health studio or an affiliated health
studio offering the same or similar services and facilities at no
additional expense to the buyer and the buyer cancels after one
year from signing the contract if the contract extends for more
than one year. The health studio may require reasonable evidence
of relocation;
(ii) If at the time of signing the contract requiring
payment of an initiation or membership fee the buyer lived more
than twenty-five miles from the health studio, the buyer may
cancel under (7)(b)(i) of this section only if the buyer moves an
additional five miles or more from the health studio.
(c) If a contract extends for more than one year, the buyer
may cancel the contract for any reason upon thirty days' written
notice to the health studio;
(d) If the health studio facilities are permanently closed
and comparable facilities owned and operated by the seller are
not made available within a ten-mile radius of the closed
facility;
(e) If a facility, construction, or improvement is not
completed by the date represented by the contract;
(f) If the contract for health studio services was sold
prior to the opening of the facility, the buyer may cancel within
the first five business days the facility opens for use of the
buyer and the health studio begins to provide the agreed upon
health studio services;
(8) Clauses explaining the buyer's right to a refund and
relief from future payment obligations after cancellation of the
contract;
(9) A provision under a conspicuous caption in capital
letters and boldface type stating substantially the following:
If you wish to cancel this contract without penalty, you may cancel it by delivering or mailing a written notice to the health studio. The notice must say that you do not wish to be bound by the contract and must be delivered or mailed before midnight of the third business day after you sign this contract. The notice must be mailed to . . . . . . (insert name and mailing address of health studio). If you cancel within the three days, the health studio will return to you within thirty days all amounts you have paid."
[1990 c 55 § 2; 1987 c 317 § 5.]