{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-297.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-297.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-297.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-297.html"}],"law_id":54962,"edition_id":1,"section_id":54962,"structure_id":13741,"section_number":"59.1-297","catch_line":"Right of cancellation","history":"1984, c. 738; 1990, cc. 392, 433; 2003, c. 344; 2004, c. 855; 2006, c. 396; 2010, c. 439; 2014, c. 459; 2023, c. 183.","full_text":"A\n\nEvery health club contract for the sale of health club services may be cancelled under the following circumstances:1\n\nA buyer may cancel the contract without penalty within three business days of its making and, upon notice to the health club of the buyer’s intent to cancel, shall be entitled to receive a refund of all moneys paid under the contract.2\n\nA buyer may cancel the contract if the facility relocates or goes out of business and the health club fails to provide comparable alternate facilities within five driving miles of the location designated in the health club contract. Upon receipt of notice of the buyer’s intent to cancel, the health club shall refund to the buyer funds paid or accepted in payment of the contract in an amount computed as prescribed in § 59.1-297.1.3\n\nThe contract may be cancelled if the buyer dies or becomes physically unable to use a substantial portion of the services for 30 or more consecutive days. If the buyer becomes physically unable to use a substantial portion of the services for 30 or more consecutive days and wishes to cancel his contract, he must provide the health club with a signed statement from his doctor, physician assistant, or advanced practice registered nurse verifying that he is physically unable to use a substantial portion of the health club services for 30 or more consecutive days. Upon receipt of notice of the buyer’s intent to cancel, the health club shall refund to the buyer funds paid or accepted in payment of the contract in an amount computed as prescribed in § 59.1-297.1. In the case of disability, the health club may require the buyer to submit to a physical examination by a doctor, a physician assistant, or an advanced practice registered nurse agreeable to the buyer and the health club within 30 days of receipt of notice of the buyer’s intent to cancel. The cost of the examination shall be borne by the health club.B\n\nThe buyer shall notify the health club of cancellation in writing, by certified mail, return receipt requested, or personal delivery, to the address of the health club as specified in the health club contract.C\n\nIf the customer has executed any credit or lien agreement with the health club or its representatives or agents to pay for all or part of health club services, any such negotiable instrument executed by the buyer shall be returned to the buyer within 30 days after such cancellation.D\n\nIf the club agrees to allow a consumer to cancel for any other reason not outlined in this section, upon receipt of notice of cancellation by the buyer, the health club shall refund to the buyer funds paid or accepted in payment of the contract in an amount computed as prescribed in § 59.1-297.1.","order_by":null,"text":{"0":{"id":201624,"text":"Every health club contract for the sale of health club services may be cancelled under the following circumstances:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":201625,"text":"A buyer may cancel the contract without penalty within three business days of its making and, upon notice to the health club of the buyer’s intent to cancel, shall be entitled to receive a refund of all moneys paid under the contract.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":201626,"text":"A buyer may cancel the contract if the facility relocates or goes out of business and the health club fails to provide comparable alternate facilities within five driving miles of the location designated in the health club contract. Upon receipt of notice of the buyer’s intent to cancel, the health club shall refund to the buyer funds paid or accepted in payment of the contract in an amount computed as prescribed in § 59.1-297.1.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":201627,"text":"The contract may be cancelled if the buyer dies or becomes physically unable to use a substantial portion of the services for 30 or more consecutive days. If the buyer becomes physically unable to use a substantial portion of the services for 30 or more consecutive days and wishes to cancel his contract, he must provide the health club with a signed statement from his doctor, physician assistant, or advanced practice registered nurse verifying that he is physically unable to use a substantial portion of the health club services for 30 or more consecutive days. Upon receipt of notice of the buyer’s intent to cancel, the health club shall refund to the buyer funds paid or accepted in payment of the contract in an amount computed as prescribed in § 59.1-297.1. In the case of disability, the health club may require the buyer to submit to a physical examination by a doctor, a physician assistant, or an advanced practice registered nurse agreeable to the buyer and the health club within 30 days of receipt of notice of the buyer’s intent to cancel. The cost of the examination shall be borne by the health club.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":201628,"text":"The buyer shall notify the health club of cancellation in writing, by certified mail, return receipt requested, or personal delivery, to the address of the health club as specified in the health club contract.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"C"},"5":{"id":201629,"text":"If the customer has executed any credit or lien agreement with the health club or its representatives or agents to pay for all or part of health club services, any such negotiable instrument executed by the buyer shall be returned to the buyer within 30 days after such cancellation.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"6":{"id":201630,"text":"If the club agrees to allow a consumer to cancel for any other reason not outlined in this section, upon receipt of notice of cancellation by the buyer, the health club shall refund to the buyer funds paid or accepted in payment of the contract in an amount computed as prescribed in § 59.1-297.1.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-297\/","history_text":"

This law was first created in 1984. The record of its establishment is cataloged in chapter 738 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 1984 \u201cActs\u201d aren\u2019t available online. It has been modified 7 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 1990, chapters 392 and 433; in 2003, chapter 344<\/a>; in 2004, chapter 855<\/a>; in 2006, chapter 396<\/a>; in 2010, chapter 439<\/a>; in 2014, chapter 459<\/a>; in 2023, chapter 183<\/a>.<\/p>","references":[{"id":63583,"section_number":"59.1-297.1","catch_line":"Payment and calculation of refunds","order_by":null,"url":"\/59.1-297.1\/"},{"id":85709,"section_number":"59.1-298","catch_line":"Notice to buyer","order_by":null,"url":"\/59.1-298\/"},{"id":73149,"section_number":"59.1-310","catch_line":"Applicability","order_by":null,"url":"\/59.1-310\/"}],"refers_to":[{"id":63583,"section_number":"59.1-297.1","catch_line":"Payment and calculation of refunds","order_by":null,"url":"\/59.1-297.1\/"}],"permalink":{"id":260623,"object_type":"law","relational_id":54962,"identifier":"59.1-297","token":"59.1\/24\/59.1-297","url":"\/59.1-297\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-297\/","token":"59.1\/24\/59.1-297","dublin_core":{"Title":"Right of cancellation","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-297","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Every health club contract<\/span> for the sale of health club services<\/span> may be cancelled under the following circumstances: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A buyer<\/span> may cancel the contract without penalty<\/span> within three business days<\/span> of its making and, upon notice to the health club of the buyer<\/span>’s intent<\/span> to cancel, shall be entitled to receive a refund of all moneys paid under the contract. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A buyer<\/span> may cancel the contract if the facility<\/span> relocates or goes out of business<\/span> and the health club fails to provide comparable alternate facilities within five driving miles of the location designated in the health club contract<\/span>. Upon receipt of notice of the buyer<\/span>’s intent<\/span> to cancel, the health club shall refund to the buyer<\/span> funds paid or accepted in payment of the contract in an amount computed as prescribed in § 59.1-297.1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The contract may be cancelled if the buyer<\/span> dies or becomes physically unable to use a substantial portion of the services for 30 or more consecutive days. If the buyer<\/span> becomes physically unable to use a substantial portion of the services for 30 or more consecutive days and wishes to cancel his contract, he must provide the health club with a signed statement from his doctor, physician assistant, or advanced practice registered nurse verifying that he is physically unable to use a substantial portion of the health club services<\/span> for 30 or more consecutive days. Upon receipt of notice of the buyer<\/span>’s intent<\/span> to cancel, the health club shall refund to the buyer<\/span> funds paid or accepted in payment of the contract in an amount computed as prescribed in § 59.1-297.1<\/a>. In the case of disability, the health club may require the buyer<\/span> to submit to a physical examination by a doctor, a physician assistant, or an advanced practice registered nurse agreeable to the buyer<\/span> and the health club within 30 days of receipt of notice of the buyer<\/span>’s intent<\/span> to cancel. The cost of the examination shall be borne by the health club. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The buyer<\/span> shall notify the health club of cancellation in writing, by certified mail, return receipt requested, or personal delivery, to the address of the health club as specified in the health club contract<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If the customer has executed any credit or lien<\/span> agreement with the health club or its representatives or agents to pay for all or part of health club services<\/span>, any such negotiable instrument executed by the buyer<\/span> shall be returned to the buyer<\/span> within 30 days after such cancellation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If the club agrees to allow a consumer to cancel for any other reason not outlined in this section, upon receipt of notice of cancellation by the buyer<\/span>, the health club shall refund to the buyer<\/span> funds paid or accepted in payment of the contract in an amount computed as prescribed in § 59.1-297.1<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRIGHT OF CANCELLATION (\u00a7 59.1-297)\n\nA. Every health club contract for the sale of health club services may be\ncancelled under the following circumstances:\n\n 1. A buyer may cancel the contract without penalty within three business days\n of its making and, upon notice to the health club of the buyer’s intent\n to cancel, shall be entitled to receive a refund of all moneys paid under the\n contract.\n\n 2. A buyer may cancel the contract if the facility relocates or goes out of\n business and the health club fails to provide comparable alternate facilities\n within five driving miles of the location designated in the health club\n contract. Upon receipt of notice of the buyer’s intent to cancel, the\n health club shall refund to the buyer funds paid or accepted in payment of the\n contract in an amount computed as prescribed in § 59.1-297.1.\n\n 3. The contract may be cancelled if the buyer dies or becomes physically\n unable to use a substantial portion of the services for 30 or more consecutive\n days. If the buyer becomes physically unable to use a substantial portion of\n the services for 30 or more consecutive days and wishes to cancel his\n contract, he must provide the health club with a signed statement from his\n doctor, physician assistant, or advanced practice registered nurse verifying\n that he is physically unable to use a substantial portion of the health club\n services for 30 or more consecutive days. Upon receipt of notice of the\n buyer’s intent to cancel, the health club shall refund to the buyer\n funds paid or accepted in payment of the contract in an amount computed as\n prescribed in § 59.1-297.1. In the case of disability, the health club\n may require the buyer to submit to a physical examination by a doctor, a\n physician assistant, or an advanced practice registered nurse agreeable to the\n buyer and the health club within 30 days of receipt of notice of the\n buyer’s intent to cancel. The cost of the examination shall be borne by\n the health club.\n\nB. The buyer shall notify the health club of cancellation in writing, by\ncertified mail, return receipt requested, or personal delivery, to the address\nof the health club as specified in the health club contract.\n\nC. If the customer has executed any credit or lien agreement with the health\nclub or its representatives or agents to pay for all or part of health club\nservices, any such negotiable instrument executed by the buyer shall be returned\nto the buyer within 30 days after such cancellation.\n\nD. If the club agrees to allow a consumer to cancel for any other reason not\noutlined in this section, upon receipt of notice of cancellation by the buyer,\nthe health club shall refund to the buyer funds paid or accepted in payment of\nthe contract in an amount computed as prescribed in § 59.1-297.1.\n\nHISTORY: 1984, c. 738; 1990, cc. 392, 433; 2003, c. 344; 2004, c. 855; 2006, c.\n396; 2010, c. 439; 2014, c. 459; 2023, c. 183.","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}}