[§486N-6]  Right of cancellation.  (a) 
Every health club contract may be canceled by the buyer within five business
days after the date on which the buyer signs the contract, by mailing or
delivering written notice to the health club at an address which is specified
in the contract.



(b)  Every health club contract shall contain a
statement notifying the buyer of the right of cancellation.  This statement
shall be in a bold face type of a minimum size of ten points, in close
proximity to the space reserved for the signature of the buyer, and shall be in
substantially the following form:



"You,
the buyer, may cancel this contract by mailing or delivering a written notice
to this health club.  The notice must say that you are canceling this contract
and must be postmarked or delivered by midnight of the fifth business day of
this health club after signing this contract, excluding Saturdays, Sundays, and
state or federal holidays.  The notice must be delivered or mailed to:



_______________________________________________________"



Name and mailing address of health club)



(c)  Mailing a written notice of cancellation
by registered or certified mail within five business days after the date on
which the buyer signs the contract shall be conclusive evidence that the notice
was timely mailed to the health club.  Mailing a written notice of cancellation
by regular mail and retaining a duplicate of the signed and dated notice of
cancellation shall be prima facie evidence that the notice was mailed to the
health club on the date as noted on the notice of cancellation.



(d)  Within thirty days of receipt of the
notice of cancellation, the health club shall refund to the buyer the entire
consideration the buyer paid for the contract, less the fair market value of
the services and facilities actually used by the buyer.



(e)  The health clubs may condition the refund
required by subsection (d) upon the return of membership cards and other
similar evidence of membership from the buyer, at the request of the health
clubs. [L 1984, c 161, pt of §1]



 



Revision Note



 



  In subsection (e), subsection (d) substituted for subsection
(c).