Sec. 21a-217. (Formerly Sec. 19-341b). Contracts for health club services. Right of cancellation.
Sec. 21a-217. (Formerly Sec. 19-341b). Contracts for health club services.
Right of cancellation. Every contract for health club services shall provide that such
contract may be cancelled within three business days after the date of receipt by the
buyer of a copy of the contract, by written notice delivered by certified or registered
United States mail to the seller or the seller's agent at an address which shall be specified
in the contract. After receipt of such cancellation, the health club may request the return
of contract forms, membership cards and any and all other documents and evidence of
membership previously delivered to the buyer. Cancellation shall be without liability
on the part of the buyer, except for the fair market value of services actually received
and the buyer shall be entitled to a refund of the entire consideration paid for the contract,
if any, less the fair market value of the services or use of facilities already actually
received. Such right of cancellation shall not be affected by the terms of the contract
and may not be waived or otherwise surrendered. Such contract for health club services
shall also contain a clause providing that if the person receiving the benefits of such
contract relocates further than twenty-five miles from a health club facility operated by
the seller or a substantially similar health club facility which would accept the seller's
obligation under the contract, or dies during the membership term following the date
of such contract, or if the health club ceases operation at the location where the buyer
entered into the contract, the buyer or his estate shall be relieved of any further obligation
for payment under the contract not then due and owing. The contract shall also provide
that if the buyer becomes disabled during the membership term, the buyer shall have
the option of (1) being relieved of liability for payment on that portion of the contract
term for which he is disabled, or (2) extending the duration of the original contract at
no cost to the buyer for a period equal to the duration of the disability. The health club
shall have the right to require and verify reasonable evidence of relocation, disability
or death. In the case of disability, the health club may require that a doctor's certificate
be submitted as verification and may also require in such contract that the buyer submit
to a physical examination by a doctor agreeable to the buyer and the health club, the
cost of which examination shall be borne by the health club.
(P.A. 76-262, S. 2; P.A. 77-585, S. 2; P.A. 84-531, S. 2; P.A. 05-158, S. 2.)
History: P.A. 77-585 removed references to "permanent" disability and added special provision specifically stating
courses of action open to buyers who become disabled and included in contracts; Sec. 19-341b transferred to Sec. 21a-217 in 1983; P.A. 84-531 required a contract to include a provision providing that a buyer is relieved of further payment
if a health club ceases operation at the location where the buyer entered into the contract; P.A. 05-158 provided that written
notice of cancellation may be mailed to seller's agent and made a technical change, effective July 1, 2005.