Health Spa Contract Cancellations (Part 2)

In the event a health spa no longer offers a substantial service which was offered at the time of the initiation of the contract, or in the event a health spa which previously limited its membership to members of one sex should become coeducational or one which was previously coeducational should become limited to members of one sex, the member shall have 30 days from the time the member knew or should have known of the change to cancel the remainder of the membership and receive a refund. The refund shall be calculated by dividing the total cost of the membership by the total number of months under the membership and refunding the monthly cost for any months or fractions of months remaining under the membership.

Every contract for health spa services shall be canceled if the member becomes totally and permanently disabled during the membership term. The health spa is entitled to a reasonable predetermined fee in such event in addition to an amount equal to the value of services made available for use. This amount shall be computed by dividing the total cost of the membership by the total number of months under the membership and multiplying the result by the number of months expired under the membership term. The health spa shall have the right to require and verify reasonable evidence of total and permanent disability. Total and permanent disability means a condition which has existed or will exist for more than 45 days and which will prevent the member from using the facility to the same extent as the member used it before commencement of the condition.

Every contract for health spa services shall be canceled if the member dies during the membership term or any renewal term. A request for cancellation may be submitted by his or her estate. The health spa is entitled to a reasonable predetermined fee in such event in addition to an amount computed by dividing the total cost of the membership by the total number of months under the membership and multiplying the result by the number of months expired under the membership term. The contract may require the member's estate seeking relief to provide reasonable proof of death.

The written contract shall be canceled in the event the health spa at which the contract is entered into ceases operation and fails to offer an alternate location, substantially similar, within ten miles. An alternate location for a health spa shall not be considered substantially similar if:

• The original facility was limited to use by members of one sex and the alternate facility is used by members of both sexes;
• The original facility was for use by members of both sexes and the alternate facility's use is limited to members of one sex; or
• The size, facilities, equipment, or services available to the member at the alternate location are not substantially equal to or do not exceed the size, facilities, equipment, or services available to the member at the health spa.