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<section article="gcl" article_name="Commercial Law" number="14-12B-06" title_number="14" title_name="Miscellaneous Consumer Protection Provisions" subtitle_number="12B" subtitle_name="Health Club Services">
  <level label="a">
    <text>A health club services agreement may not contain an automatic renewal clause, unless the agreement provides for a renewal option for continued membership which must be accepted by the buyer.</text>
  </level>
  <level label="b">
    <level label="1">
      <text>A buyer described in § 14-12B-01(d)(1)(i) of this subtitle may cancel a health club services agreement within 3 business days after receipt of a copy of the agreement by notifying the health club in writing. Written notification shall be delivered in person or by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, and if mailed shall be postmarked by midnight of the third business day.</text>
    </level>
    <level label="2">
      <text>If the buyer cancels within 3 business days, the health club facility shall refund any deposit, down payment, or payment on the agreement including any initiation, deposit, membership, or other fees.</text>
    </level>
    <level label="3">
      <text>Each contract for health club services shall conspicuously disclose under the heading “Notice of Consumer Rights”:</text>
      <level label="i">
        <text>The seller’s health club registration number with the Division;</text>
      </level>
      <level label="ii">
        <text>A description of whether the seller is bonded and the amount of the bond or, if not bonded, an explanation of the basis for the seller’s exemption from the bonding requirements;</text>
      </level>
      <level label="iii">
        <text>The buyer’s right to cancel as defined in this section;</text>
      </level>
      <level label="iv">
        <text>The buyer’s rights in the event of a disability or temporary closing under § 14-12B-04 of this subtitle; and</text>
      </level>
      <level label="v">
        <text>For those persons who register in accordance with § 14-12B-02(b)(3)(iii) of this subtitle, a statement that the facility does not:</text>
        <level label="1">
          <text>Charge an initiation fee or other fee that is not identified as a payment for specific future services;</text>
        </level>
        <level label="2">
          <text>Contractually obligate a buyer of health club services to pay in advance of the date the services are provided to the buyer; or</text>
        </level>
        <level label="3">
          <text>Collect from a buyer of health club services any payment in advance of the date the services are provided to the buyer.</text>
        </level>
      </level>
    </level>
    <level label="4">
      <text>Each contract for the sale of health club services shall contain in a form acceptable to the Division:</text>
      <level label="i">
        <text>A clear and conspicuous itemized description of any fees and charges; and</text>
      </level>
      <level label="ii">
        <text>If the facility is not in operation, the expected date of opening and a description of the specific services and facilities that will be available upon opening.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <text>A person who registers in accordance with § 14-12B-02(b)(3)(iii) of this subtitle shall post in a clear and conspicuous manner a sign in a prominent location in each health club facility that the person opens or operates that states that the facility does not:</text>
    <level label="1">
      <text>Charge an initiation fee or other fee that is not identified as a payment for specific future services;</text>
    </level>
    <level label="2">
      <text>Contractually obligate a buyer of health club services to pay in advance of the date the services are provided to the buyer; or</text>
    </level>
    <level label="3">
      <text>Collect from a buyer of health club services any payment in advance of the date the services are provided to the buyer.</text>
    </level>
  </level>
</section>
