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367.397 Cancellation of club membership.
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Any person who has elected to become a member of a club may cancel such
membership by giving written notice any time before midnight of the third business
day following the date on which the person signs a contract containing the notice of
"Members' Right to Cancel" required by KRS 367.399. Such cancellation shall be
without liability on the part of the member and shall entitle the member to a refund
of the entire consideration paid for the contract.
Notice of cancellation shall be in writing and delivered personally or by mail. If
given by mail, the notice is effective upon deposit in a mailbox, properly addressed
and postage paid. Notice of cancellation need not take a particular form and is
sufficient if it indicates, by any form of written expression, the intention of the
member not to be bound by the contract. If delivered personally, the notice is to be
accepted by any agent or employee of the club, and a receipt for the notice shall be
given by that agent or employee to the person canceling.
The entitled refund shall be delivered to the member within ten (10) days after
notice of cancellation is given.
Rights of cancellation may not be waived or otherwise surrendered.
Cancellation shall not relieve the member from paying for any vacation or
merchandise actually used by the consumer prior to the date of cancellation.
Effective: July 15, 2008
History: Amended 2008 Ky. Acts ch. 172, sec. 1, effective July 15, 2008. -- Amended
1988 Ky. Acts ch. 62, sec. 2, effective July 15, 1988. -- Created 1982 Ky. Acts ch.
21, sec. 2, effective July 15, 1982.
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