59.1-298 - Notice to buyer.
§ 59.1-298. Notice to buyer.
A copy of the executed health spa contract shall be delivered to the buyer atthe time the contract is executed. All health spa contracts shall (i) be inwriting, (ii) be signed by the buyer, (iii) designate the date on which thebuyer actually signed the contract, (iv) state the starting and expirationdates of the initial membership period, (v) separately identify anyinitiation fee, (vi) either in the contract itself or in a separate noticeprovided to the buyer at the time the contract is executed, notify each buyerthat the buyer should attempt to resolve with the health spa any complaintthe buyer has with the health spa, and that the Virginia Department ofAgriculture and Consumer Services, Office of Consumer Affairs regulateshealth spas in the Commonwealth pursuant to the provisions of the VirginiaHealth Spa Act, and (vii) contain the provisions set forth in § 59.1-297under a conspicuous caption: "BUYER'S RIGHT TO CANCEL" that shall readsubstantially as follows:
If you wish to cancel this contract, you may cancel by making or delivering
written notice to this health spa. The notice must say that you do not wish to
be bound by the contract and must be delivered or mailed before midnight of
the third business day after you sign this contract. The notice must be
delivered or mailed to: ............
(Health spa shall insert its name and mailing address.)
If canceled within three business days, you will be entitled to a refund ofall moneys paid. You may also cancel this contract if this spa goes out ofbusiness or relocates and fails to provide comparable alternate facilitieswithin five driving miles of the facility designated in this contract. Youmay also cancel if you become physically unable to use a substantial portionof the health spa services for 30 or more consecutive days, and your estatemay cancel in the event of your death. You must prove you are unable to use asubstantial portion of the health spa services by a doctor's, physicianassistant's, or nurse practitioner's certificate, and the health spa may alsorequire that you submit to a physical examination, within 30 days of thenotice of cancellation, by a doctor, physician assistant, or nursepractitioner agreeable to you and the health spa. If you cancel after thethree business days, the health spa may retain or collect a portion of thecontract price equal to the proportionate value of the services or use offacilities you have already received. Any refund due to you shall be paidwithin 30 days of the effective date of cancellation.
(1984, c. 738; 1990, cc. 392, 433; 2003, c. 344; 2004, c. 855; 2006, c. 396;2010, c. 439.)