                                 CODE OF VIRGINIA

RIGHT OF CANCELLATION (§ 59.1-297)

A. Every health club contract for the sale of health club services may be
cancelled under the following circumstances:

   1. 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&#8217;s intent
   to cancel, shall be entitled to receive a refund of all moneys paid under the
   contract.

   2. 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&#8217;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 &#xA7; 59.1-297.1.

   3. 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&#8217;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 &#xA7; 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&#8217;s intent to cancel. The cost of the examination shall be borne by
   the health club.

B. 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.

C. 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.

D. 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 &#xA7; 59.1-297.1.

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.