2013 Mississippi Code
Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS
Chapter 83 - HEALTH SPAS
§ 75-83-5 - Contract with consumer; right to rescind; duration of contract; particular contracts unenforceable


MS Code § 75-83-5 (2013) What's This?

(1) A fully completed copy of each contract shall be delivered to the buyer at the time the contract is signed. Every contract must constitute the entire agreement between the seller and the buyer, must be in writing and must be signed by the member.

(2) Each contract shall state in at least ten-point boldface type the following: NOTICE TO THE 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 five (5) business days by notifying the health spa in writing by midnight of the fifth business day following the date of purchase of the membership contract. Written notification is deemed given if mailed or delivered by midnight of the fifth business day. All money collected pursuant to the contract shall be refunded to the purchaser exercising the right to cancel.

(4) Each contract shall contain the following notice in at least ten-point boldface type: IF WITHIN FIVE (5) 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 FIFTH 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: (Insert address of the health spa).

(5) No health spa contract shall have a duration for a longer period than thirty-six (36) months; provided, however, that no health spa offering any contract for a longer period than twelve (12) months shall be exempt from the provisions of subsection (b) of Section 75-83-3, the provisions of Section 75-83-15 notwithstanding.

(6) Every contract for health spa services shall contain a clause providing that if, by reason of death or disability, the person agreeing to receive health spa services is unable to do so, he and his estate shall be relieved of the obligation of making payments for such services other than those received prior to death or the onset of the disability, and that if he has prepaid any sum for health spa services, the unexpired portion shall be promptly refunded to him or his representative.

(7) Any health spa contract which does not comply with the applicable provisions of this chapter shall be void and unenforceable as contrary to public policy.

(8) Any health spa contract entered into by the buyer upon any false or misleading information, representation, notice or advertisement of the health spa or the health spa's agent shall be void and unenforceable.

(9) Any waiver by the buyer of the provisions of this chapter shall be deemed contrary to public policy and shall be void and unenforceable.

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