A copy of the executed health club contract shall be delivered to the buyer at the time the contract is executed. All health club contracts shall (i) be in writing, (ii) state the name and physical address of the health club, (iii) be signed by the buyer, (iv) designate the date on which the buyer actually signed the contract, (v) state the starting and expiration dates of the initial membership period, (vi) separately identify any initiation fee, (vii) either in the contract itself or in a separate notice provided to the buyer at the time the contract is executed, notify each buyer that the buyer should attempt to resolve with the health club any complaint the buyer has with the health club, and that the Virginia Department of Agriculture and Consumer Services regulates health clubs in the Commonwealth pursuant to the provisions of the Virginia Health Club Act, and (viii) contain the provisions set forth in § 59.1-297 under a conspicuous caption: "BUYER'S RIGHT TO CANCEL" that shall read substantially as follows:
If you wish to cancel this contract, you may cancel by making or delivering written notice to this health club. 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 delivered or mailed to ____________________ (Health club shall insert its name and mailing address).
If canceled within three business days, you will be entitled to a refund of all moneys paid. You may also cancel this contract if this club goes out of business or relocates and fails to provide comparable alternate facilities within five driving miles of the facility designated in this contract. You may also cancel if you become physically unable to use a substantial portion of the health club services for 30 or more consecutive days, and your estate may cancel in the event of your death. You must prove you are unable to use a substantial portion of the health club services by a doctor's, physician assistant's, or nurse practitioner's certificate, and the health club may also require that you submit to a physical examination, within 30 days of the notice of cancellation, by a doctor, physician assistant, or nurse practitioner agreeable to you and the health club. If you cancel after the three business days, the health club may retain or collect a portion of the contract price equal to the proportionate value of the services or use of facilities you have already received. Any refund due to you shall be paid within 30 days of the effective date of cancellation.
1984, c. 738; 1990, cc. 392, 433; 2003, c. 344; 2004, c. 855; 2006, c. 396; 2010, c. 439; 2013, c. 24; 2014, c. 459.
Structure Code of Virginia
Title 59.1 - Trade and Commerce
Chapter 24 - Virginia Health Club Act
§ 59.1-295. Statement of purpose
§ 59.1-296.1. Registration; fees
§ 59.1-296.2. Contracts sold on prepayment basis
§ 59.1-296.2:1. Prepayment contracts; prohibited practices; relocation; refund
§ 59.1-296.2:2. Automated external defibrillator required
§ 59.1-297. Right of cancellation
§ 59.1-297.1. Payment and calculation of refunds
§ 59.1-297.2. Automatic termination of a health club contract
§ 59.1-299. Duration of contract
§ 59.1-300. Provisions of this chapter not exclusive
§ 59.1-301. Noncomplying contract voidable
§ 59.1-302. Fraud rendering contract void
§ 59.1-303. Waiver of provisions void and unenforceable
§ 59.1-304. Notice of preservation of buyers' rights
§ 59.1-306. Bond or letter of credit required; exception
§ 59.1-307. Bond or letter of credit; persons protected
§ 59.1-308. Change in ownership of health club
§ 59.1-308.1. Production of records