Health Spa Contract Cancellations (Part 1)
Every health spa member shall have the right to cancel a contract within seven business days after the date of signing the contract. Requests for cancellation should be submitted in writing to the health spa either by mail or by hand delivery before midnight of the seventh business day following the date of signing the contract. The cancellation notice must be accompanied by the contract forms, membership cards, and any and all other documents and evidence of membership previously delivered to the member.
If the health spa member so cancels, any payments made under the contract must be refunded within 30 days and any evidence of indebtedness executed by the health spa member will be canceled by the health spa. The member shall be liable only for the fair market value of services actually received, which in no event shall exceed $100.00. A health spa shall not construe the preparation of documents as services received.
In the event a consumer fails to provide with the cancellation notice all contract forms, membership cards, and any and all other documents and evidence of membership previously delivered, the health spa shall either cancel the contract or provide written notice by certified mail to the consumer that such documents must be provided within 30 days in order for the cancellation to be effective.
In the event that the consumer provides the documents within 30 days, the contract shall be canceled as of the date on which the cancellation notice was delivered. Should the consumer continue to use the facilities or services during the 30-day period, the cancellation shall be effective on the first business day following the last day on which the consumer uses the facility.
For pre-sales, the member shall have until seven business days following the date upon which the health spa becomes fully operational and available for use, to cancel the contract and receive a full refund of any payments. The member shall be liable for the fair market value of any services actually received, which should not exceed $50.00.
Health spas are required to disclose any and all cancellation fees within the cancellation policies of the contract.