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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>85709</law_id><section_number>59.1-298</section_number><catch_line>Notice to buyer</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>59.1-310</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="59.1">Trade and Commerce</unit><unit label="chapter" level="2" order_by="1" identifier="24">Virginia Health Club Act</unit></structure><text>
						<section><p>A copy of the executed <span class="dictionary">health club contract</span> shall be delivered to the <span class="dictionary">buyer</span> at the time the contract is executed. All <span class="dictionary">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 <span class="dictionary">buyer</span>, (iv) designate the date on which the <span class="dictionary">buyer</span> actually signed the contract, (v) state the starting and expiration dates of the initial membership period, (vi) separately identify any <span class="dictionary">initiation fee</span>, (vii) either in the contract itself or in a separate notice provided to the <span class="dictionary">buyer</span> at the time the contract is executed, notify each <span class="dictionary">buyer</span> that the <span class="dictionary">buyer</span> should attempt to resolve with the health club any complaint the <span class="dictionary">buyer</span> has with the health club, and that the Virginia Department of Agriculture and Consumer Services regulates <span class="dictionary">health clubs</span> in the Commonwealth pursuant to the provisions of the Virginia Health Club Act, and (viii) contain the provisions set forth in &#xA7;&#xA0;<a class="law" title="Right of cancellation" href="/59.1-297/">59.1-297</a> under a conspicuous caption: &#x201C;<span class="dictionary">BUYER</span>&#x2019;S RIGHT TO CANCEL&#x201D; that shall read substantially as follows:
		If 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 <span class="dictionary">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).
		If canceled within three <span class="dictionary">business days</span>, you will be entitled to a refund of all moneys paid. You may also cancel this contract if this club goes <span class="dictionary">out of business</span> or relocates and fails to provide comparable alternate facilities within five driving miles of the <span class="dictionary">facility</span> designated in this contract. You may also cancel if you become physically unable to use a substantial portion of the <span class="dictionary">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 <span class="dictionary">health club services</span> by a doctor&#x2019;s, a physician assistant&#x2019;s, or an advanced practice registered nurse&#x2019;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 <span class="dictionary">business days</span>, the health club may retain or collect a portion of the <span class="dictionary">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></text><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.</history><metadata></metadata></law>
