There is a newer version of the Kentucky Revised Statutes
2009 Kentucky Revised Statutes
CHAPTER 367 CONSUMER PROTECTION
367.910 Written contract -- Contents.
Download pdfthe seller and the buyer, must be in writing, and must be signed by the member. (2) Each contract shall state in at least ten (10) point bold faced type the following: "NOTICE TO BUYER: DO NOT SIGN THIS CONTRACT UNTIL YOU
HAVE READ ALL OF IT. ALSO, DO NOT SIGN THIS CONTRACT IF IT
CONTAINS ANY BLANK SPACES." (3) Every purchaser of a membership shall be entitled to cancel his or her contract within three (3) business days by notifying the health spa in writing by midnight of
the third business day following the date of purchase of the membership contract.
Written notification is deemed given if mailed or delivered by midnight of the third
business day. All money collected pursuant to the contract shall be refunded to the
purchaser exercising the right to cancel. (4) In addition to the cancellation rights stated in subsection (3) of this section, a member shall be entitled to cancellation and to a full or partial refund of the
contract price as follows:
(a) A member shall be entitled to cancel if, because of death or medical disability, the member becomes unable to use a substantial portion of the facilities or
services for thirty (30) or more consecutive days. Upon receipt of written
notice from the member, or from the representative of the member's estate, the
health spa shall pay a refund in an amount computed by dividing the contract
price by the number of weeks in the contract term and multiplying the result
by the number of weeks remaining in the contract term. Members shall only
receive refunds of money actually paid to the spa by them, or on their behalf.
In the case of medical disability, the health spa may require the member to
submit to an examination by a medical doctor agreeable to both the member
and the health spa. The cost of the examination shall be borne by the health
spa. (b) A member shall be entitled to cancel if the health spa relocates more than five (5) miles from the location designated in the health spa contract. Upon receipt
of written notice from the member, the health spa shall pay a refund to the
member in an amount computed as provided in subsection (4)(a) of this
section. (c) A member shall be entitled to cancel if the member relocates twenty-five (25) miles or more from the residence stated in the contract, and the spa cannot
provide comparable alternative facilities and services within five (5) miles of
the member's new residence. Upon written notice from the member, the health
spa shall pay a refund in an amount computed as provided in subsection (4)(a)
of this section. The health spa may require written verification of the new
residence, such as a lease, deed, or utility bill. (d) If the health spa fails to open for business within ninety (90) days from the sale of the first contract, becomes insolvent, or ceases operation, all membership contracts shall be deemed canceled and the spa shall pay refunds
to its members. No notification from any member shall be required. Refunds
shall be given in an amount computed as provided in subsection (4)(a) of this
section. (5) If written notice of cancellation is required in subsection (4) of this section, the member shall notify the health spa in writing, by certified mail, return receipt
requested, or by personal delivery, to the address stated in the health spa contract.
All moneys to be refunded shall be paid within thirty (30) days of receipt of the
cancellation notice. (6) If a refund is required by this section and the member has executed any credit or loan agreement with the health spa to pay for use of all or part of the facilities and
services, that agreement shall be canceled and returned within the same time period
as required for the refund. (7) Each contract shall contain the following notice in at least ten (10) point bold faced type: "IF WITHIN THREE (3) BUSINESS DAYS YOU DECIDE YOU DO NOT WISH TO
REMAIN A MEMBER OF THIS HEALTH SPA, YOU MAY CANCEL THIS
AGREEMENT BY MAILING A NOTICE TO THE HEALTH SPA BY MIDNIGHT OF
THE THIRD BUSINESS DAY FOLLOWING YOUR PURCHASE OF THE
CONTRACT STATING YOUR DESIRE TO CANCEL THIS CONTRACT. THE
WRITTEN NOTICE SHOULD BE MAILED TO THE FOLLOWING ADDRESS:"
(address of the health spa)
"ADDITIONAL CANCELLATION RIGHTS:
You may also cancel this contract if any of the following occur:
(a) You may cancel if, because of death or medical disability, you become unable to use a substantial portion of the spa's facilities or services for thirty (30) or more days.
In the event of medical disability, you must provide the spa with a doctor's statement. In
addition, the spa may require you to submit to a physical examination by a mutually
agreeable medical doctor, at its cost. Your estate may cancel in the event of your death.
(b) You may cancel if the spa relocates more than five (5) miles from the location stated in the contract.
(c) You may cancel if you relocate more than twenty-five (25) miles from your residence as stated in the contract, and the spa cannot provide comparable facilities and
services within five (5) miles of your new residence. The spa may require written
verification of your new residence, such as a lease, deed or utility bill.
IN ORDER TO EXERCISE THESE ADDITIONAL CANCELLATION RIGHTS, YOU
MUST NOTIFY THE SPA IN WRITING, BY CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, OR BY PERSONAL DELIVERY, TO THE ADDRESS STATED
ABOVE. ALL MONEYS TO BE REFUNDED SHALL BE PAID TO YOU WITHIN
THIRTY (30) DAYS AFTER THE SPA'S RECEIPT OF THE CANCELLATION
NOTICE." Effective: July 15, 1988 History: Amended 1988 Ky. Acts ch. 367, sec. 7, effective July 15, 1988. -- Created 1982 Ky. Acts ch. 298, sec. 3, effective July 15, 1982.
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