{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-298.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-298.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-298.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-298.html"}],"law_id":85709,"edition_id":1,"section_id":85709,"structure_id":13741,"section_number":"59.1-298","catch_line":"Notice to buyer","history":"1984, c. 738; 1990, cc. 392, 433; 2003, c. 344; 2004, c. 855; 2006, c. 396; 2010, c. 439; 2013, c. 24; 2014, c. 459; 2023, c. 183.","full_text":"A copy of the executed health club contract shall be delivered to the buyer at the time the contract is executed. All health club contracts shall (i) be in writing, (ii) state the name and physical address of the health club, (iii) be signed by the buyer, (iv) designate the date on which the buyer actually signed the contract, (v) state the starting and expiration dates of the initial membership period, (vi) separately identify any initiation fee, (vii) either in the contract itself or in a separate notice provided to the buyer at the time the contract is executed, notify each buyer that the buyer should attempt to resolve with the health club any complaint the buyer has with the health club, and that the Virginia Department of Agriculture and Consumer Services regulates health clubs in the Commonwealth pursuant to the provisions of the Virginia Health Club Act, and (viii) contain the provisions set forth in \u00a7 59.1-297 under a conspicuous caption: “BUYER’S RIGHT TO CANCEL” that shall read substantially as follows:\n\t\tIf you wish to cancel this contract, you may cancel by making or delivering written notice to this health club. The notice must say that you do not wish to be bound by the contract and must be delivered or mailed before midnight of the third business day after you sign this contract. The notice must be delivered or mailed to (Health club shall insert its name and mailing address).\n\t\tIf canceled within three business days, you will be entitled to a refund of all moneys paid. You may also cancel this contract if this club goes out of business or relocates and fails to provide comparable alternate facilities within five driving miles of the facility designated in this contract. You may also cancel if you become physically unable to use a substantial portion of the health club services for 30 or more consecutive days, and your estate may cancel in the event of your death. You must prove you are unable to use a substantial portion of the health club services by a doctor’s, a physician assistant’s, or an advanced practice registered nurse’s certificate, and the health club may also require that you submit to a physical examination, within 30 days of the notice of cancellation, by a doctor, a physician assistant, or an advanced practice registered nurse agreeable to you and the health club. If you cancel after the three business days, the health club may retain or collect a portion of the contract price equal to the proportionate value of the services or use of facilities you have already received. Any refund due to you shall be paid within 30 days of the effective date of cancellation.","order_by":null,"text":{"0":{"id":306994,"text":"A copy of the executed health club contract shall be delivered to the buyer at the time the contract is executed. All health club contracts shall (i) be in writing, (ii) state the name and physical address of the health club, (iii) be signed by the buyer, (iv) designate the date on which the buyer actually signed the contract, (v) state the starting and expiration dates of the initial membership period, (vi) separately identify any initiation fee, (vii) either in the contract itself or in a separate notice provided to the buyer at the time the contract is executed, notify each buyer that the buyer should attempt to resolve with the health club any complaint the buyer has with the health club, and that the Virginia Department of Agriculture and Consumer Services regulates health clubs in the Commonwealth pursuant to the provisions of the Virginia Health Club Act, and (viii) contain the provisions set forth in \u00a7 59.1-297 under a conspicuous caption: “BUYER’S RIGHT TO CANCEL” that shall read substantially as follows:\n\t\tIf you wish to cancel this contract, you may cancel by making or delivering written notice to this health club. The notice must say that you do not wish to be bound by the contract and must be delivered or mailed before midnight of the third business day after you sign this contract. The notice must be delivered or mailed to (Health club shall insert its name and mailing address).\n\t\tIf canceled within three business days, you will be entitled to a refund of all moneys paid. You may also cancel this contract if this club goes out of business or relocates and fails to provide comparable alternate facilities within five driving miles of the facility designated in this contract. You may also cancel if you become physically unable to use a substantial portion of the health club services for 30 or more consecutive days, and your estate may cancel in the event of your death. You must prove you are unable to use a substantial portion of the health club services by a doctor’s, a physician assistant’s, or an advanced practice registered nurse’s certificate, and the health club may also require that you submit to a physical examination, within 30 days of the notice of cancellation, by a doctor, a physician assistant, or an advanced practice registered nurse agreeable to you and the health club. If you cancel after the three business days, the health club may retain or collect a portion of the contract price equal to the proportionate value of the services or use of facilities you have already received. Any refund due to you shall be paid within 30 days of the effective date of cancellation.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-298\/","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 8 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 2013, chapter 24<\/a>; in 2014, chapter 459<\/a>; in 2023, chapter 183<\/a>.<\/p>","references":[{"id":73149,"section_number":"59.1-310","catch_line":"Applicability","order_by":null,"url":"\/59.1-310\/"}],"refers_to":[{"id":54962,"section_number":"59.1-297","catch_line":"Right of cancellation","order_by":null,"url":"\/59.1-297\/"}],"permalink":{"id":260635,"object_type":"law","relational_id":85709,"identifier":"59.1-298","token":"59.1\/24\/59.1-298","url":"\/59.1-298\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-298\/","token":"59.1\/24\/59.1-298","dublin_core":{"Title":"Notice to buyer","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-298","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A copy of the executed health club contract<\/span> shall be delivered to the buyer<\/span> at the time the contract is executed. All health club contracts<\/span> shall (i) be in writing, (ii) state the name and physical address of the health club, (iii) be signed by the buyer<\/span>, (iv) designate the date on which the buyer<\/span> actually signed the contract, (v) state the starting and expiration dates of the initial membership period, (vi) separately identify any initiation fee<\/span>, (vii) either in the contract itself or in a separate notice provided to the buyer<\/span> at the time the contract is executed, notify each buyer<\/span> that the buyer<\/span> should attempt to resolve with the health club any complaint the buyer<\/span> has with the health club, and that the Virginia Department of Agriculture and Consumer Services regulates health clubs<\/span> in the Commonwealth pursuant to the provisions of the Virginia Health Club Act, and (viii) contain the provisions set forth in \u00a7 59.1-297<\/a> under a conspicuous caption: “BUYER<\/span>’S RIGHT TO CANCEL” that shall read substantially as follows:\n\t\tIf you wish to cancel this contract, you may cancel by making or delivering written notice to this health club. The notice must say that you do not wish to be bound by the contract and must be delivered or mailed before midnight of the third business day<\/span> after you sign this contract. The notice must be delivered or mailed to (Health club shall insert its name and mailing address).\n\t\tIf canceled within three business days<\/span>, you will be entitled to a refund of all moneys paid. You may also cancel this contract if this club goes out of business<\/span> or relocates and fails to provide comparable alternate facilities within five driving miles of the facility<\/span> designated in this contract. You may also cancel if you become physically unable to use a substantial portion of the health club services<\/span> for 30 or more consecutive days, and your estate may cancel in the event of your death. You must prove you are unable to use a substantial portion of the health club services<\/span> by a doctor’s, a physician assistant’s, or an advanced practice registered nurse’s certificate, and the health club may also require that you submit to a physical examination, within 30 days of the notice of cancellation, by a doctor, a physician assistant, or an advanced practice registered nurse agreeable to you and the health club. If you cancel after the three business days<\/span>, the health club may retain or collect a portion of the contract price<\/span> equal to the proportionate value of the services or use of facilities you have already received. Any refund due to you shall be paid within 30 days of the effective date of cancellation.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nNOTICE TO BUYER (\u00a7 59.1-298)\n\nA copy of the executed health club contract shall be delivered to the buyer at\nthe time the contract is executed. All health club contracts shall (i) be in\nwriting, (ii) state the name and physical address of the health club, (iii) be\nsigned by the buyer, (iv) designate the date on which the buyer actually signed\nthe contract, (v) state the starting and expiration dates of the initial\nmembership period, (vi) separately identify any initiation fee, (vii) either in\nthe contract itself or in a separate notice provided to the buyer at the time\nthe contract is executed, notify each buyer that the buyer should attempt to\nresolve with the health club any complaint the buyer has with the health club,\nand that the Virginia Department of Agriculture and Consumer Services regulates\nhealth clubs in the Commonwealth pursuant to the provisions of the Virginia\nHealth Club Act, and (viii) contain the provisions set forth in \u00a7 59.1-297\nunder a conspicuous caption: “BUYER’S RIGHT TO CANCEL” that\nshall read substantially as follows:\n\t\tIf you wish to cancel this contract, you may cancel by making or delivering\nwritten notice to this health club. The notice must say that you do not wish to\nbe bound by the contract and must be delivered or mailed before midnight of the\nthird business day after you sign this contract. The notice must be delivered or\nmailed to (Health club shall insert its name and mailing address).\n\t\tIf canceled within three business days, you will be entitled to a refund of\nall moneys paid. You may also cancel this contract if this club goes out of\nbusiness or relocates and fails to provide comparable alternate facilities\nwithin five driving miles of the facility designated in this contract. You may\nalso cancel if you become physically unable to use a substantial portion of the\nhealth club services for 30 or more consecutive days, and your estate may cancel\nin the event of your death. You must prove you are unable to use a substantial\nportion of the health club services by a doctor’s, a physician\nassistant’s, or an advanced practice registered nurse’s certificate,\nand the health club may also require that you submit to a physical examination,\nwithin 30 days of the notice of cancellation, by a doctor, a physician\nassistant, or an advanced practice registered nurse agreeable to you and the\nhealth club. If you cancel after the three business days, the health club may\nretain or collect a portion of the contract price equal to the proportionate\nvalue of the services or use of facilities you have already received. Any refund\ndue to you shall be paid within 30 days of the effective date of cancellation.\n\nHISTORY: 1984, c. 738; 1990, cc. 392, 433; 2003, c. 344; 2004, c. 855; 2006, c.\n396; 2010, c. 439; 2013, c. 24; 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}}