Section 21a-218 - (Formerly Sec. 19-341c). Statement of buyer's rights. Form. Buyer's cancellation. Seller's written confirmation. Buyer's disability. Refunds(a) A copy of the health club contract shall be delivered to the buyer at the time the contract is signed. All health club contracts shall (1) be in writing and signed by the buyer, (2) designate the date on which the buyer actually signs the contract, (3) identify the address of the location at which the buyer entered the contract, and (4) contain a statement of the buyer's rights which complies with this section. The following statement shall prominently and conspicuously appear, in at least twelve-point font, at the top of the contract: BUYER'S RIGHT TO CANCEL
If you wish to cancel this contract, you may cancel by sending a written notice stating that you do not wish to be bound by this contract. The notice must be delivered or mailed before midnight of the third business day after you sign this contract. The notice must be delivered or mailed to:
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(Insert name, electronic mail address and mailing address for cancellation notice.)
You may also cancel this contract if:
(1) You relocate your residence further than twenty-five (25) miles from any health club operated by the seller or from any other substantially similar health club which would accept the obligation of the seller; (3) The health club ceases operation at the location where you entered into this contract or the location closest to your primary residence.If you become disabled, you shall have the option of:
(1) Being relieved of liability for payment on that portion of the contract term for which you are disabled; or(2) Extending the duration of the original contract at no cost to you for a period equal to the duration of the disability. You must send a written notice of disability, which may be sent to the health club in an electronic form. You may be required to prove such disability by submitting documentation from a licensed physician, a licensed physician assistant, a licensed advanced practice registered nurse or another credentialed medical provider. If you cancel, the health club may keep or collect an amount equal to the fair market value of the services or use of facilities you have already received.
(b) If a buyer cancels a health club contract pursuant to the three-day cancellation provision or as a result of having moved further than twenty-five miles, or as a result of the health club ceasing operation at the location where the buyer entered into the contract or the location closest to the buyer's primary residence as provided by this chapter, the health club shall send the buyer a written confirmation of cancellation within fifteen days after receipt by the health club of the buyer's cancellation notice. If the health club fails to send such written notice to the buyer within fifteen days, the health club shall be deemed to have accepted the cancellation. (c) A buyer who is disabled may, at the buyer's option, extend the duration of the original contract at no cost to the buyer for a period equal to the duration of the disability, or remain liable for partial payment on the contract as follows: (1) A buyer who is disabled for a period less than the full remaining term of the contract shall only be liable for a pro-rata portion of the contract price equal to the total number of weeks specified in the contract less the number of weeks after the date on which the disability first occurred, the difference being divided by the total number of weeks specified in the contract and the result of that division being multiplied by the total contract price.(2) A buyer who is disabled for the full remaining term of the contract shall only be liable for a pro-rata portion of the contract price equal to the number of complete weeks before the date the disability first occurred for which the services or facilities were made available to the buyer divided by the total number of weeks specified in the contract with the result being multiplied by the total contract price.(3) If the reasonable probabilities are that the buyer will be disabled for the full remaining term of the contract, and the buyer has elected not to extend the duration of the contract as provided in this subsection, the health club shall cancel the buyer's contract at the time such a determination is made and notify the buyer in writing that the contract has been cancelled.(4) Any money paid by the buyer which is in excess of the amount for which the buyer is liable under the provisions of this section shall be refunded by the seller to the buyer.(5) A health club which received notice of disability from a buyer shall provide such buyer with a written form which shall fully explain the buyer's options as set forth in this subsection. Such form shall provide on it a location where the buyer shall indicate in writing the option such buyer has chosen. Such form shall be signed by the buyer and the health club.(d) In any cancellation of a health club service contract the buyer shall not be liable for any payment to the seller if the services received by the buyer are as a result of a representation by the health club to the buyer that such services are to be received free or if the buyer received services at a health club as a result of a representation by the health club to the buyer that such services are to be received at a reduced or discount price, the buyer shall only be liable as a result of his cancellation for an amount equal to that which was represented to the buyer that such buyer would have to pay.(e) Any refund to the buyer as a result of cancellation of the contract shall be delivered by the health club to the buyer within fifteen business days of receipt by the health club of the notice of cancellation.Conn. Gen. Stat. § 21a-218
(P.A. 76-262, S. 3; P.A. 77-585, S. 3; P.A. 84-531, S. 3; P.A. 05-158 , S. 3 ; P.A. 16-39 , S. 44 .)
Amended by P.A. 24-0142,S. 20 of the Connecticut Acts of the 2024 Regular Session, eff. 6/6/2024.Amended by P.A. 21-0196, S. 50 of the Connecticut Acts of the 2021 Regular Session, eff. 10/1/2021.Amended by P.A. 21-0037, S. 39 of the Connecticut Acts of the 2021 Regular Session, eff. 10/1/2021.Amended by P.A. 16-0039, S. 44 of the Connecticut Acts of the 2016 Regular Session, eff. 10/1/2016.