13-23-4 - Rescission.
13-23-4. Rescission.
(1) A consumer may rescind a contract for the purchase of health spa services if he entersinto the contract and gives value at a time when the health spa is not fully operational andavailable for use, and if the health spa does not become fully operational and available for usewithin 60 days after the date of the contract.
(2) A consumer's right to rescind his contract under this section continues for threebusiness days after the health spa becomes fully operational and available for use.
(3) A consumer who rescinds his contract under this section is entitled to a refund of anypayments he has made, less the reasonable value of any health spa services he actually receivedor $25, whichever is less. The preparation and processing of the contract and other documentsare not considered to be health spa services that are deductible under this subsection from anyrefundable amount.
(4) Any rescission of a contract under this section is effective upon the health spa's receiptof written notice of the consumer's intent to rescind the contract. The notice may be delivered byhand or mailed by certified mail postmarked no later than midnight of the third day after thehealth spa becomes fully operational and available for use.
Enacted by Chapter 105, 1987 General Session