Contracts, in writing, required provisions
When someone signs up and pays for health spa services ahead of time, the contract must be in writing and include certain rules. The person has three business days to cancel and get all their money back, no penalty. If someone dies or becomes permanently disabled and cannot use the spa for 60 or more days in a row, they can cancel and get a partial refund based on how much time is left in their contract. If someone has a temporary disability, their membership can be paused and extended. To cancel, the person must notify the spa in writing by certified mail or in person, and the spa must return any money or signed agreements within 30 days. All these cancellation rights must be clearly shown in the contract under a heading called 'BUYER'S RIGHT TO CANCEL'.
407.330. Contracts, in writing, required — buyer's right to cancel. — 1. Every for the sale of which are paid for in advance or which the buyer agrees to pay for in future shall be in writing and shall contain the following contractual provisions:
(1) A for the -free of the contract within three business days of its making and refund upon such notice of all moneys paid under the contract;
(2) A provision requiring that to cancel a contract the buyer shall notify the of cancellation in writing, by , or personal , to the address specified in the health spa contract; that all moneys to be refunded upon cancellation of the health spa contract shall be paid within thirty days of receipt of the ; and that if the customer has any or with the health spa to pay for all or part of health spa services, any such executed by the buyer shall also be ed within thirty days after such cancellation;
(3) A provision for the cancellation of the contract if the buyer dies or becomes permanently and unable to use a substantial portion of the services for sixty or more days. Upon receipt of such notice, the health spa shall refund to the buyer funds paid or accepted in payment of the contract in an amount computed by dividing the contract price by the number of weeks in the and multiplying the result by the number of weeks remaining in the contract term. In the case of , the health spa may require the buyer to submit to a physical examination by a doctor agreeable to the buyer and the health spa;
(4) A provision for extension of the term of the membership for time loss due to temporary disability. In the case of disability, the health spa may require the buyer to submit to a physical examination by a doctor agreeable to the buyer and the health spa.
2. The provisions required by 1 of this section shall be set forth under a : "BUYER'S RIGHT TO CANCEL"; and read substantially as follows:
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Source & history notes
(L. 1988 S.B. 486 § 4)
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