59.1-328 - Membership camping contracts.
§ 59.1-328. Membership camping contracts.
The membership camping operator shall deliver to his purchaser a fullyexecuted copy of the membership camping contract, which contract shallinclude at least the following information:
1. The actual date the membership camping contract is executed by thepurchaser.
2. The name of the membership camping operator and the address of hisprincipal place of business.
3. The total financial obligation imposed upon the purchaser by the contract,including the initial purchase price and any additional charges which thepurchaser may be required to pay.
4. A description of the nature and duration of the membership being purchasedincluding any interest in real property.
5. A statement that the membership camping operator, salesperson, or anyother person who is in the business of offering for sale or transfer therights under existing membership camping contracts for a fee is required bythe Virginia Membership Camping Act (§ 59.1-311 et seq.) to provide eachpurchaser with a copy of the membership camping operator's disclosurestatement prior to execution of such contract and that a failure to do so isa violation of the Act.
6. The following statement shall appear in the contract, under its ownparagraph, and conspicuously placed:
PURCHASER'S NONWAIVABLE RIGHT TO CANCEL shall appear at the beginning of saidparagraph in boldfaced type of a minimum of ten points, immediately precedingthe following statement which shall appear in type no smaller than the otherprovisions of the contract:
YOU AS THE PURCHASER HAVE A NONWAIVABLE 7-CALENDAR-DAY RIGHT OF CANCELLATION.THIS RIGHT OF CANCELLATION IS FULLY EXPLAINED ON THE COVER SHEET OF THEMEMBERSHIP CAMPING OPERATOR'S DISCLOSURE STATEMENT. YOU ARE URGED TO REVIEWTHE DISCLOSURE STATEMENT PRIOR TO THE EXECUTION OF THIS CONTRACT FOR ACOMPLETE UNDERSTANDING OF YOUR RIGHT OF CANCELLATION. IN ADDITION, AFTER THEINITIAL 7-CALENDAR-DAY CANCELLATION PERIOD, YOU THE PURCHASER OR YOURSUCCESSOR IN INTEREST MAY TERMINATE YOUR LIABILITY UNDER THE MEMBERSHIPCAMPING CONTRACT INCLUDING PAYMENT OF ANY MEMBERSHIP FEES, DUES, ANDASSESSMENTS UPON YOUR GIVING PROPER AND EFFECTIVE NOTICE TO THE MEMBERSHIPCAMPING OPERATOR. TO BE EFFECTIVE, THE NOTICE MUST BE IN WRITING AND SENT BYCERTIFIED MAIL, RETURN RECEIPT REQUESTED AND IT MUST CONTAIN: (1) YOURTRANSFER OF ANY AND ALL RIGHTS, TITLE, AND INTEREST YOU HAVE IN THEMEMBERSHIP CAMPING CONTRACT AND CAMPGROUND BACK TO THE MEMBERSHIP CAMPINGOPERATOR; (2) A RECORDABLE DEED, DULY EXECUTED AND NOTARIZED, AND THERECORDING FEE, IF YOU RECEIVED A RECORDED DEED FROM THE MEMBERSHIP CAMPINGOPERATOR; (3) PAYMENTS OF (i) THE UNPAID BALANCE OF THE PURCHASE PRICE ANDANY ACCRUED UNPAID INTEREST THEREON AND (ii) ALL UNPAID MEMBERSHIP FEES,DUES, AND ASSESSMENTS WITH ACCRUED INTEREST THEREON PERMITTED BY THEMEMBERSHIP CAMPING CONTRACT; AND (4) PAYMENT OF ALL OTHER UNPAID FINANCIALOBLIGATIONS OWED BY YOU THE PURCHASER PURSUANT TO THE MEMBERSHIP CAMPINGCONTRACT.
7. The full name of all salespersons involved in the execution of themembership camping contract.
8. A statement that contains, in boldface type, the name, address, andtelephone number of the Virginia Department of Agriculture and ConsumerServices, Division of Consumer Affairs, stating that that agency is theregulatory agency handling consumer complaints regarding membershipcampgrounds.
(1985, c. 409; 1992, c. 545.)