{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-296.2_1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-296.2_1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-296.2_1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-296.2_1.html"}],"law_id":84951,"edition_id":1,"section_id":84951,"structure_id":13741,"section_number":"59.1-296.2:1","catch_line":"Prepayment contracts; prohibited practices; relocation; refund","history":"1990, cc. 392, 433; 1993, c. 686; 2003, c. 344; 2004, c. 988; 2010, c. 439; 2014, c. 459.","full_text":"A\n\nNo health club shall sell a health club contract on a prepayment basis without disclosing in the contract the date on which the facility shall open. The opening date shall not be later than 12 months from the signing of the contract.B\n\nNo health club shall close or relocate any facility without first giving notice to the Commissioner and conspicuously posting a notice both within and outside each entrance to the facility being closed or relocated of the closing or relocation date. Such notice shall be provided at least 30 days prior to the closing or relocation date. If a relocation is to occur, the Commissioner and the facility’s members shall be provided with the address of the specific new facility at the time of this notice.C\n\nNo health club shall knowingly and willfully make any false statement in any registration application, statement, report, or other disclosure required by this chapter.D\n\nNo health club shall refuse or fail, after notice from the Commissioner, to produce for the Commissioner’s review any of the health club’s books or records required to be maintained by this chapter.E\n\nUnless it so discloses fully in 10-point bold-faced type or larger on the face of each health club contract, no health club shall sell any health club contract if any owner of the health club, regardless of the extent of his ownership, previously owned in whole or in part a health club that closed for business any facility and failed to:1\n\nRefund all moneys due to holders of health club contracts; or2\n\nProvide comparable alternate facilities with another health club that agreed in writing to honor all provisions of the health club contracts or at another facility operated by the originally contracting health club.F\n\nNo health club that has failed to provide the Commissioner the appropriate surety pursuant to § 59.1-306 shall sell a health club contract unless that contract contains a statement that reads as follows: “This club is not permitted, pursuant to the Virginia Health Club Act, to accept any initiation fee in excess of $125 or any payment for more than the prorated monthly fee for the month when the contract is initially executed plus one full month in advance.”\n\t\t\tSuch disclosure shall be printed in 10-point bold-faced type or larger on the face of each contract.","order_by":null,"text":{"0":{"id":304396,"text":"No health club shall sell a health club contract on a prepayment basis without disclosing in the contract the date on which the facility shall open. The opening date shall not be later than 12 months from the signing of the contract.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":304397,"text":"No health club shall close or relocate any facility without first giving notice to the Commissioner and conspicuously posting a notice both within and outside each entrance to the facility being closed or relocated of the closing or relocation date. Such notice shall be provided at least 30 days prior to the closing or relocation date. If a relocation is to occur, the Commissioner and the facility’s members shall be provided with the address of the specific new facility at the time of this notice.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":304398,"text":"No health club shall knowingly and willfully make any false statement in any registration application, statement, report, or other disclosure required by this chapter.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":304399,"text":"No health club shall refuse or fail, after notice from the Commissioner, to produce for the Commissioner’s review any of the health club’s books or records required to be maintained by this chapter.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":304400,"text":"Unless it so discloses fully in 10-point bold-faced type or larger on the face of each health club contract, no health club shall sell any health club contract if any owner of the health club, regardless of the extent of his ownership, previously owned in whole or in part a health club that closed for business any facility and failed to:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"5":{"id":304401,"text":"Refund all moneys due to holders of health club contracts; or","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"6":{"id":304402,"text":"Provide comparable alternate facilities with another health club that agreed in writing to honor all provisions of the health club contracts or at another facility operated by the originally contracting health club.","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"F"},"7":{"id":304403,"text":"No health club that has failed to provide the Commissioner the appropriate surety pursuant to § 59.1-306 shall sell a health club contract unless that contract contains a statement that reads as follows: “This club is not permitted, pursuant to the Virginia Health Club Act, to accept any initiation fee in excess of $125 or any payment for more than the prorated monthly fee for the month when the contract is initially executed plus one full month in advance.”\n\t\t\tSuch disclosure shall be printed in 10-point bold-faced type or larger on the face of each contract.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E2"}},"ancestry":[{"id":13741,"edition_id":1,"name":"Virginia Health Club Act","identifier":"24","label":"chapter","depth":2,"order_by":1,"parent_id":12809,"metadata":{},"date_created":"2026-06-26 03:45:45","date_modified":"2026-06-26 03:45:45","permalink":{"id":260589,"object_type":"structure","relational_id":13741,"identifier":"24","token":"59.1\/24","url":"\/59.1\/24\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12809,"edition_id":1,"name":"Trade and Commerce","identifier":"59.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":259521,"object_type":"structure","relational_id":12809,"identifier":"59.1","token":"59.1","url":"\/59.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":65021,"structure_id":13741,"section_number":"59.1-294","catch_line":"Short title","url":"\/59.1-294\/","token":"59.1\/24\/59.1-294","metadata":false},{"id":79666,"structure_id":13741,"section_number":"59.1-295","catch_line":"Statement of purpose","url":"\/59.1-295\/","token":"59.1\/24\/59.1-295","metadata":false},{"id":77481,"structure_id":13741,"section_number":"59.1-296","catch_line":"Definitions","url":"\/59.1-296\/","token":"59.1\/24\/59.1-296","metadata":false},{"id":62798,"structure_id":13741,"section_number":"59.1-296.1","catch_line":"Registration; fees","url":"\/59.1-296.1\/","token":"59.1\/24\/59.1-296.1","metadata":false},{"id":73004,"structure_id":13741,"section_number":"59.1-296.2","catch_line":"Contracts sold on prepayment basis","url":"\/59.1-296.2\/","token":"59.1\/24\/59.1-296.2","metadata":false},{"id":84951,"structure_id":13741,"section_number":"59.1-296.2:1","catch_line":"Prepayment contracts; prohibited practices; relocation; refund","url":"\/59.1-296.2_1\/","token":"59.1\/24\/59.1-296.2_1","metadata":false},{"id":81442,"structure_id":13741,"section_number":"59.1-296.2:2","catch_line":"Automated external defibrillator required","url":"\/59.1-296.2_2\/","token":"59.1\/24\/59.1-296.2_2","metadata":false},{"id":84485,"structure_id":13741,"section_number":"59.1-296.3","catch_line":"Initiation fees","url":"\/59.1-296.3\/","token":"59.1\/24\/59.1-296.3","metadata":false},{"id":54962,"structure_id":13741,"section_number":"59.1-297","catch_line":"Right of cancellation","url":"\/59.1-297\/","token":"59.1\/24\/59.1-297","metadata":false},{"id":63583,"structure_id":13741,"section_number":"59.1-297.1","catch_line":"Payment and calculation of refunds","url":"\/59.1-297.1\/","token":"59.1\/24\/59.1-297.1","metadata":false},{"id":59624,"structure_id":13741,"section_number":"59.1-297.2","catch_line":"Automatic termination of a health club contract","url":"\/59.1-297.2\/","token":"59.1\/24\/59.1-297.2","metadata":false},{"id":85709,"structure_id":13741,"section_number":"59.1-298","catch_line":"Notice to buyer","url":"\/59.1-298\/","token":"59.1\/24\/59.1-298","metadata":false},{"id":75243,"structure_id":13741,"section_number":"59.1-299","catch_line":"Duration of contract","url":"\/59.1-299\/","token":"59.1\/24\/59.1-299","metadata":false},{"id":67031,"structure_id":13741,"section_number":"59.1-300","catch_line":"Provisions of this chapter not exclusive","url":"\/59.1-300\/","token":"59.1\/24\/59.1-300","metadata":false},{"id":69302,"structure_id":13741,"section_number":"59.1-301","catch_line":"Noncomplying contract voidable","url":"\/59.1-301\/","token":"59.1\/24\/59.1-301","metadata":false},{"id":54742,"structure_id":13741,"section_number":"59.1-302","catch_line":"Fraud rendering contract void","url":"\/59.1-302\/","token":"59.1\/24\/59.1-302","metadata":false},{"id":67696,"structure_id":13741,"section_number":"59.1-303","catch_line":"Waiver of provisions void and unenforceable","url":"\/59.1-303\/","token":"59.1\/24\/59.1-303","metadata":false},{"id":66423,"structure_id":13741,"section_number":"59.1-304","catch_line":"Notice of preservation of buyers' rights","url":"\/59.1-304\/","token":"59.1\/24\/59.1-304","metadata":false},{"id":72661,"structure_id":13741,"section_number":"59.1-305","catch_line":"Prohibition against assignment of health club contract cutting off buyer's right of action or defense against seller; conditions","url":"\/59.1-305\/","token":"59.1\/24\/59.1-305","metadata":false},{"id":63585,"structure_id":13741,"section_number":"59.1-306","catch_line":"Bond or letter of credit required; exception","url":"\/59.1-306\/","token":"59.1\/24\/59.1-306","metadata":false},{"id":84158,"structure_id":13741,"section_number":"59.1-307","catch_line":"Bond or letter of credit; persons protected","url":"\/59.1-307\/","token":"59.1\/24\/59.1-307","metadata":false},{"id":68743,"structure_id":13741,"section_number":"59.1-308","catch_line":"Change in ownership of health club","url":"\/59.1-308\/","token":"59.1\/24\/59.1-308","metadata":false},{"id":80382,"structure_id":13741,"section_number":"59.1-308.1","catch_line":"Production of records","url":"\/59.1-308.1\/","token":"59.1\/24\/59.1-308.1","metadata":false},{"id":65301,"structure_id":13741,"section_number":"59.1-308.2","catch_line":"Investigations","url":"\/59.1-308.2\/","token":"59.1\/24\/59.1-308.2","metadata":false},{"id":66761,"structure_id":13741,"section_number":"59.1-309","catch_line":"Enforcement; penalties","url":"\/59.1-309\/","token":"59.1\/24\/59.1-309","metadata":false},{"id":73149,"structure_id":13741,"section_number":"59.1-310","catch_line":"Applicability","url":"\/59.1-310\/","token":"59.1\/24\/59.1-310","metadata":false}],"previous_section":{"id":73004,"structure_id":13741,"section_number":"59.1-296.2","catch_line":"Contracts sold on prepayment basis","url":"\/59.1-296.2\/","token":"59.1\/24\/59.1-296.2","metadata":false},"next_section":{"id":81442,"structure_id":13741,"section_number":"59.1-296.2:2","catch_line":"Automated external defibrillator required","url":"\/59.1-296.2_2\/","token":"59.1\/24\/59.1-296.2_2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-296.2:1\/","history_text":"

This law was first created in 1990. The record of its establishment is cataloged in chapters 392 and 433 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1990 \u201cActs\u201d aren\u2019t available online. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1993, chapter 686; in 2003, chapter 344<\/a>; in 2004, chapter 988<\/a>; in 2010, chapter 439<\/a>; in 2014, chapter 459<\/a>.<\/p>","references":false,"refers_to":[{"id":63585,"section_number":"59.1-306","catch_line":"Bond or letter of credit required; exception","order_by":null,"url":"\/59.1-306\/"}],"permalink":{"id":260611,"object_type":"law","relational_id":84951,"identifier":"59.1-296.2:1","token":"59.1\/24\/59.1-296.2_1","url":"\/59.1-296.2_1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-296.2_1\/","token":"59.1\/24\/59.1-296.2_1","dublin_core":{"Title":"Prepayment contracts; prohibited practices; relocation; refund","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-296.2:1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No health club shall sell a health club contract<\/span> on a prepayment<\/span> basis without disclosing in the contract the date on which the facility<\/span> shall open. The opening date shall not be later than 12 months from the signing of the contract. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No health club shall close or relocate any facility<\/span> without first giving notice to the Commissioner<\/span> and conspicuously posting a notice both within and outside each entrance to the facility<\/span> being closed or relocated of the closing or relocation<\/span> date. Such notice shall be provided at least 30 days prior to the closing or relocation<\/span> date. If a relocation<\/span> is to occur, the Commissioner<\/span> and the facility<\/span>’s members shall be provided with the address of the specific new facility<\/span> at the time of this notice. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> No health club shall knowingly and willfully make any false statement in any registration application, statement, report, or other disclosure required by this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> No health club shall refuse or fail, after notice from the Commissioner<\/span>, to produce for the Commissioner<\/span>’s review any of the health club’s books or records required to be maintained by this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Unless it so discloses fully in 10-point bold-faced type or larger on the face of each health club contract<\/span>, no health club shall sell any health club contract<\/span> if any owner of the health club, regardless of the extent of his ownership, previously owned in whole or in part a health club that closed for business any facility<\/span> and failed to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Refund all moneys due to holders of health club contracts<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Provide comparable alternate facilities with another health club that agreed in writing to honor all provisions of the health club contracts<\/span> or at another facility<\/span> operated by the originally contracting health club. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> No health club that has failed to provide the Commissioner<\/span> the appropriate surety<\/span> pursuant to § 59.1-306<\/a> shall sell a health club contract<\/span> unless that contract contains a statement that reads as follows: “This club is not permitted, pursuant to the Virginia Health Club Act, to accept any initiation fee<\/span> in excess of $125 or any payment for more than the prorated monthly fee<\/span> for the month when the contract is initially executed plus one full month in advance.”\n\t\t\tSuch disclosure shall be printed in 10-point bold-faced type or larger on the face of each contract. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPREPAYMENT CONTRACTS; PROHIBITED PRACTICES; RELOCATION; REFUND (\u00a7 59.1-296.2:1)\n\nA. No health club shall sell a health club contract on a prepayment basis\nwithout disclosing in the contract the date on which the facility shall open.\nThe opening date shall not be later than 12 months from the signing of the\ncontract.\n\nB. No health club shall close or relocate any facility without first giving\nnotice to the Commissioner and conspicuously posting a notice both within and\noutside each entrance to the facility being closed or relocated of the closing\nor relocation date. Such notice shall be provided at least 30 days prior to the\nclosing or relocation date. If a relocation is to occur, the Commissioner and\nthe facility’s members shall be provided with the address of the specific\nnew facility at the time of this notice.\n\nC. No health club shall knowingly and willfully make any false statement in any\nregistration application, statement, report, or other disclosure required by\nthis chapter.\n\nD. No health club shall refuse or fail, after notice from the Commissioner, to\nproduce for the Commissioner’s review any of the health club’s books\nor records required to be maintained by this chapter.\n\nE. Unless it so discloses fully in 10-point bold-faced type or larger on the\nface of each health club contract, no health club shall sell any health club\ncontract if any owner of the health club, regardless of the extent of his\nownership, previously owned in whole or in part a health club that closed for\nbusiness any facility and failed to:\n\n 1. Refund all moneys due to holders of health club contracts; or\n\n 2. Provide comparable alternate facilities with another health club that\n agreed in writing to honor all provisions of the health club contracts or at\n another facility operated by the originally contracting health club.\n\nF. No health club that has failed to provide the Commissioner the appropriate\nsurety pursuant to § 59.1-306 shall sell a health club contract unless that\ncontract contains a statement that reads as follows: “This club is not\npermitted, pursuant to the Virginia Health Club Act, to accept any initiation\nfee in excess of $125 or any payment for more than the prorated monthly fee for\nthe month when the contract is initially executed plus one full month in\nadvance.”\n\t\t\tSuch disclosure shall be printed in 10-point bold-faced type or larger on the\nface of each contract.\n\nHISTORY: 1990, cc. 392, 433; 1993, c. 686; 2003, c. 344; 2004, c. 988; 2010, c.\n439; 2014, c. 459.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}