Transfer or relocation of health spa, buyer's duties, rights,when--refund of moneys, amount, when--attorney general torepresent buyers, when.
407.332. 1. The provisions of section 408.405, RSMo, shallapply to any health spa contract with the following exceptions:
(1) It shall not be a defense relieving the buyer fromamounts then owing on any contract between a buyer and a healthspa for health services regardless of whether such contract hasbeen assigned that the health spa has relocated provided that thehealth spa has relocated within ten miles of the locationdesignated in the health spa contract;
(2) It shall not be a defense relieving the buyer fromamounts then owing on any contract between a buyer and a healthspa for health spa services regardless of whether such contracthas been assigned that the health spa has been sold providedthere has not been a lapse in services for more than thirty days.However, it shall be the legal obligation of every buyer of ahealth spa that has been providing health spa services pursuantto contracts to honor the terms of such contracts. The new ownerof a health spa shall not consider the lapsed time period whendetermining how much time remains for service on any particularcontract.
2. It shall be a defense relieving the buyer from amountsthen owing on any contract between a buyer and a health spa forhealth spa services, regardless of whether such contract has beenassigned, that the health spa has gone out of business withoutproviding alternative health spa services at another locationwithin ten miles of the location designated in the health spacontract.
3. Any health spa which relocates to a location that is tenmiles from the location designated in a health spa contract orwhich goes out of business prior to the expiration of a buyer'scontract without providing alternative health spa services atanother location within ten miles of the location designated inthe health spa contract shall be required to refund to the buyerfunds paid or accepted in payment of the contract in an amountcomputed by dividing the contract price by the number of weeks inthe contract term and multiplying the result by the number ofweeks remaining in the contract term. This provision shall notapply to any health spa that has been sold provided there has notbeen a lapse in service for more than thirty days. However thenew owner of a health spa shall honor the terms of all contractsentered into between buyers and the health spa while controlledby the prior owner. The new owner of the health spa shall notconsider the lapsed period when determining how much time remainsfor service on any particular contract.
4. In order to ensure adequate enforcement of the provisionsof this section the office of the attorney general is empoweredto represent buyers who may be injured as a result ofnoncompliance with the provisions of this section. The attorneygeneral is hereby given in addition to the powers granted to theattorney general to enforce the provisions of this chapter theadditional power to seek and be granted receivership of all goodsand chattels, rights and credits, moneys and effects, lands andtenements, books, records, documents, papers, choses in action,bills, notes, and property of every description of any person,firm, corporation, organization, club or association that hasoperated a health spa that is determined to have injured a buyeras a result of going out of business or being sold and failing torefund moneys due and owing buyers under the provisions ofsubsection 3 of this section, and to sell, convey, and assign thesame and hold and dispose of the proceeds thereof under thedirection of the court for the benefit of the injured buyers.
Transfer or relocation of health spa, buyer's duties, rights,when--refund of moneys, amount, when--attorney general torepresent buyers, when.
407.332. 1. The provisions of section 408.405, RSMo, shallapply to any health spa contract with the following exceptions:
(1) It shall not be a defense relieving the buyer fromamounts then owing on any contract between a buyer and a healthspa for health services regardless of whether such contract hasbeen assigned that the health spa has relocated provided that thehealth spa has relocated within ten miles of the locationdesignated in the health spa contract;
(2) It shall not be a defense relieving the buyer fromamounts then owing on any contract between a buyer and a healthspa for health spa services regardless of whether such contracthas been assigned that the health spa has been sold providedthere has not been a lapse in services for more than thirty days.However, it shall be the legal obligation of every buyer of ahealth spa that has been providing health spa services pursuantto contracts to honor the terms of such contracts. The new ownerof a health spa shall not consider the lapsed time period whendetermining how much time remains for service on any particularcontract.
2. It shall be a defense relieving the buyer from amountsthen owing on any contract between a buyer and a health spa forhealth spa services, regardless of whether such contract has beenassigned, that the health spa has gone out of business withoutproviding alternative health spa services at another locationwithin ten miles of the location designated in the health spacontract.
3. Any health spa which relocates to a location that is tenmiles from the location designated in a health spa contract orwhich goes out of business prior to the expiration of a buyer'scontract without providing alternative health spa services atanother location within ten miles of the location designated inthe health spa contract shall be required to refund to the buyerfunds paid or accepted in payment of the contract in an amountcomputed by dividing the contract price by the number of weeks inthe contract term and multiplying the result by the number ofweeks remaining in the contract term. This provision shall notapply to any health spa that has been sold provided there has notbeen a lapse in service for more than thirty days. However thenew owner of a health spa shall honor the terms of all contractsentered into between buyers and the health spa while controlledby the prior owner. The new owner of the health spa shall notconsider the lapsed period when determining how much time remainsfor service on any particular contract.
4. In order to ensure adequate enforcement of the provisionsof this section the office of the attorney general is empoweredto represent buyers who may be injured as a result ofnoncompliance with the provisions of this section. The attorneygeneral is hereby given in addition to the powers granted to theattorney general to enforce the provisions of this chapter theadditional power to seek and be granted receivership of all goodsand chattels, rights and credits, moneys and effects, lands andtenements, books, records, documents, papers, choses in action,bills, notes, and property of every description of any person,firm, corporation, organization, club or association that hasoperated a health spa that is determined to have injured a buyeras a result of going out of business or being sold and failing torefund moneys due and owing buyers under the provisions ofsubsection 3 of this section, and to sell, convey, and assign thesame and hold and dispose of the proceeds thereof under thedirection of the court for the benefit of the injured buyers.
Transfer or relocation of health spa, buyer's duties, rights,when--refund of moneys, amount, when--attorney general torepresent buyers, when.
407.332. 1. The provisions of section 408.405, RSMo, shallapply to any health spa contract with the following exceptions:
(1) It shall not be a defense relieving the buyer fromamounts then owing on any contract between a buyer and a healthspa for health services regardless of whether such contract hasbeen assigned that the health spa has relocated provided that thehealth spa has relocated within ten miles of the locationdesignated in the health spa contract;
(2) It shall not be a defense relieving the buyer fromamounts then owing on any contract between a buyer and a healthspa for health spa services regardless of whether such contracthas been assigned that the health spa has been sold providedthere has not been a lapse in services for more than thirty days.However, it shall be the legal obligation of every buyer of ahealth spa that has been providing health spa services pursuantto contracts to honor the terms of such contracts. The new ownerof a health spa shall not consider the lapsed time period whendetermining how much time remains for service on any particularcontract.
2. It shall be a defense relieving the buyer from amountsthen owing on any contract between a buyer and a health spa forhealth spa services, regardless of whether such contract has beenassigned, that the health spa has gone out of business withoutproviding alternative health spa services at another locationwithin ten miles of the location designated in the health spacontract.
3. Any health spa which relocates to a location that is tenmiles from the location designated in a health spa contract orwhich goes out of business prior to the expiration of a buyer'scontract without providing alternative health spa services atanother location within ten miles of the location designated inthe health spa contract shall be required to refund to the buyerfunds paid or accepted in payment of the contract in an amountcomputed by dividing the contract price by the number of weeks inthe contract term and multiplying the result by the number ofweeks remaining in the contract term. This provision shall notapply to any health spa that has been sold provided there has notbeen a lapse in service for more than thirty days. However thenew owner of a health spa shall honor the terms of all contractsentered into between buyers and the health spa while controlledby the prior owner. The new owner of the health spa shall notconsider the lapsed period when determining how much time remainsfor service on any particular contract.
4. In order to ensure adequate enforcement of the provisionsof this section the office of the attorney general is empoweredto represent buyers who may be injured as a result ofnoncompliance with the provisions of this section. The attorneygeneral is hereby given in addition to the powers granted to theattorney general to enforce the provisions of this chapter theadditional power to seek and be granted receivership of all goodsand chattels, rights and credits, moneys and effects, lands andtenements, books, records, documents, papers, choses in action,bills, notes, and property of every description of any person,firm, corporation, organization, club or association that hasoperated a health spa that is determined to have injured a buyeras a result of going out of business or being sold and failing torefund moneys due and owing buyers under the provisions ofsubsection 3 of this section, and to sell, convey, and assign thesame and hold and dispose of the proceeds thereof under thedirection of the court for the benefit of the injured buyers.
