Georgia Code
Part 2 - Fair Business Practices Act
§ 10-1-393.2. Requirements for Health Spas

Click to viewThe health spa shall fill in the blank spaces in the above paragraph before the consumer signs the contract. In the event a consumer fails to provide with the cancellation notice all contract forms, membership cards, and any and all other documents and evidence of membership previously delivered, the health spa shall either cancel the contract or provide written notice by certified mail or statutory overnight delivery to the consumer that such documents must be provided within 30 days in order for the cancellation to be effective. In the event that the consumer provides the documents within 30 days, the contract shall be canceled as of the date on which the cancellation notice was delivered; provided, however, that should the consumer continue to use the facilities or services during the 30 day period, the cancellation shall be effective on the first business day following the last day on which the consumer uses the facilities or services.
Click to viewThe provisions of this subsection shall not apply in any instance where a court has ordered that a change be made in the sexual character of the health spa. The Attorney General is authorized upon petition to issue a declaratory ruling under Code Section 50-13-11 as to whether any planned change in a health spa is a substantial change or whether alternate locations are substantially similar under this Code section. Such declaratory rulings shall be subject to review as under Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.”
State law requires that we inform you that should you (the buyer) choose to pay for any part of this agreement in advance, be aware that you are paying for future services and may be risking loss of your money in the event this health spa ceases to conduct business. Health spas do not post a bond, and there may be no other protections provided to you should you choose to pay in advance.”
“You (the buyer) have seven business days to cancel this contract. To cancel, mail or hand deliver a letter to the following address: Name of health spa Street address City, State, ZIP Code Do not sign this contract if there are any blank spaces above. In the event optional services are offered, be sure that any options you have not selected are lined through or that it is otherwise indicated that you have not selected these options. It is recommended that you send your cancellation notice by registered or certified mail or statutory overnight delivery, return receipt requested, in order to prove that you did cancel. If you do hand deliver your cancellation, be sure to get a signed statement from an official of the spa acknowledging your cancellation. To be effective, your cancellation must be postmarked by midnight, or hand delivered by midnight on and must include all contract forms, membership cards, and any and all other documents and evidence of membership previously delivered to you.’’ , , (date)
“You (the buyer) may cancel this agreement within 30 days from the time you knew or should have known of any substantial change in the services or programs available at the time you joined. Substantial changes include, but are not limited to, changing from being coed to being exclusively for one sex and vice versa. To cancel, send written notice of your cancellation to the address provided in this contract for sending a notice of cancellation. The best way to cancel is by keeping a photocopy and sending the cancellation by registered or certified mail or statutory overnight delivery, return receipt requested.”
“NOTICE
History. Code 1981, § 10-1-393.2 , enacted by Ga. L. 1989, p. 1606, § 2; Ga. L. 1999, p. 81, § 10; Ga. L. 2000, p. 1589, § 3; Ga. L. 2015, p. 1088, § 2/SB 148; Ga. L. 2016, p. 846, § 10/HB 737; Ga. L. 2017, p. 774, § 10/HB 323.
The 2015 amendment, effective July 1, 2015, substituted “Attorney General” for “administrator” throughout the Code section; inserted “or her” in the first sentence of subsection (g); in subsection (l), inserted “or she” near the end of subparagraph (l)(3)(C), in subparagraph (l)(3)(E), in the second sentence, inserted “or her” near the beginning and substituted “Attorney General under this subparagraph. Nothing contained or implied in this subparagraph shall operate or be construed or applied to deprive the Attorney General or any employee of any immunity, indemnity, benefits of law, rights, or any defense otherwise available by law” for “administrator under this subparagraph unless the administrator’s determination was a willful and wanton abuse of discretion given the facts and circumstances actually provided to the administrator in making this determination” at the end; and substituted “Attorney General” for “administrator or his designee” in the first sentence of subsection (o).
The 2016 amendment, effective May 3, 2016, part of an Act to revise, modernize, and correct the Code, inserted “on” following “delivered by midnight” in the contract provisions of subsection (e).
The 2017 amendment, effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, substituted “he or she” for “he” near the beginning of subsection (g).
Editor’s notes.
Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to this Code section is applicable with respect to notices delivered on or after July 1, 2000.
Law reviews.
For comment, “The Georgia Fair Business Practices Act: Business As Usual,” see 9 Ga. St. U.L. Rev. 453 (1993).

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