Bill Text: NJ A4349 | 2010-2011 | Regular Session | Introduced
Bill Title: Establishes additional consumer protections in health club services contracts.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-11-28 - Introduced, Referred to Assembly Consumer Affairs Committee [A4349 Detail]
Download: New_Jersey-2010-A4349-Introduced.html
Sponsored by:
Assemblywoman L. GRACE SPENCER
District 29 (Essex and Union)
SYNOPSIS
Establishes additional consumer protections in health club services contracts.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning health club services contracts and amending P.L.1987, c.238.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 4 of P.L.1987, c.238 (C.56:8-42) is amended to read as follows:
4. a. Every contract for health club services shall be in writing. A copy of the written contract shall be given to the buyer at the time the buyer signs the contract.
b. A health club services contract shall specifically set forth in a conspicuous manner on the first page of the contract the buyer's total payment obligation for health club services to be received pursuant to the contract.
c. A health club services contract of a health club facility which maintains a bond, irrevocable letter of credit or securities, moneys or other security pursuant to subsection a. of section 3 of this act shall set forth that a bond, irrevocable letter of credit or securities, moneys or other security is filed or deposited with the Director of the Division of Consumer Affairs to protect buyers of these contracts who are damaged or suffer any loss by reason of breach of contract or bankruptcy by the seller.
d. Services to be rendered to the buyer under the contract shall not obligate the buyer for more than [three] two years from the date the contract is signed by the buyer. If a health club offers a contract of more than one year's duration, it shall offer a one-year contract.
e. A contract for new or increased health club services may be cancelled by the buyer for any reason at any time before midnight of the third operating day after the buyer receives a copy of the contract. In order to cancel a contract the buyer shall notify the health club of cancellation in writing, by registered or certified mail, return receipt requested, or personal delivery, to the address specified in the contract. All moneys paid pursuant to the cancelled contract shall be fully refunded within 30 days of receipt of the notice of cancellation. If the customer has executed any credit or loan agreement through the health club to pay all or part of health club services, the negotiable instrument executed by the buyer shall also be returned within 30 days. The contract shall contain a conspicuous notice printed in at least 10-point bold-faced type as follows:
"NOTICE TO CUSTOMER
You are entitled to a copy of this contract at the time you sign it.
You may cancel this contract at any time before midnight of the third operating day after receiving a copy of this contract. If you choose to cancel this contract, you must either:
1. Send a signed and dated written notice of cancellation by registered or certified mail, return receipt requested; or
2. Personally deliver a signed and dated written notice of cancellation to: .....................................(Name of health club) .....................................(Address of health club)
If you cancel this contract within the three-day period, you are entitled to a full refund of your money. If the third operating day falls on a Sunday or holiday, notice is timely given if it is mailed or delivered as specified in this notice on the next operating day. Refunds must be made within 30 days of receipt of the cancellation notice to the health club.
'Operating day' means any calendar day on which patrons may inspect and use the health club's facilities and services during a period of at least eight hours, except holidays and Sundays."
f. A health club services contract shall provide that it is subject to cancellation by notice sent by registered or certified mail, return receipt requested, or personally delivered, to the address of the health club specified in the contract upon the buyer's death or permanent disability, if the permanent disability is fully described and confirmed to the health club by a physician. In a cancellation under this subsection, the health club may retain the portion of the total contract price representing the services used plus reimbursement for expenses incurred in an amount not to exceed 10% of the total contract price.
g. A health club services contract shall provide that it is subject to cancellation by notice sent by registered or certified mail, return receipt requested, or personally delivered, to the address of the health club specified in the contract upon the buyer's change of permanent residence to a location more than 25 miles from the health club or an affiliated health club offering the same or similar services and facilities at no additional expense to the buyer. In a cancellation under this subsection, the health club may require proof of the new permanent residence and may retain a prorated share of the total contract price based upon the date the notice was received plus reimbursement for expenses incurred in an amount not to exceed 10% of the total contract price.
h. A health club services contract shall provide that if a health club facility is closed for a period longer than 30 days through no fault of the buyer of the health club services contract, the buyer is entitled to either extend the contract for a period equal to that during which the facility is closed or to receive a prorated refund of the amount paid by the buyer under the contract.
i. A health club services contract shall not obligate the buyer to renew the contract and shall not contain an automatic renewal clause. A health club services contract may provide for a renewal option for continued health club services. If a health club services contract provides a renewal option for continued health club services, the contract shall provide that the health club shall send a notice of the renewal option to the buyer, by registered or certified mail, return receipt requested. The notice shall be sent at least 30 days, but not more than 60 days, prior to the first date that the buyer could exercise the renewal option. Any such renewal option shall be accepted in writing by the buyer in order to be effective.
j. If a health club facility is not in existence on the date the contract is executed, the health club services contract shall provide that a buyer of a contract may cancel the contract if the facility is not open for business on a date which shall be set forth in the contract and receive a full refund of any deposit or payment on the contract.
(cf: P.L.1987, c.238, s.4)
2. This act shall take effect on the 90th day next following enactment and shall apply to contracts for health club services entered into or renewed on or after the effective date.
STATEMENT
This bill amends the law regulating sellers of health club services to require certain additional consumer protections in health club services contracts. Specifically, the bill stipulates that services to be rendered to a consumer under a health club services contract shall not obligate the consumer for more than two years, rather than for more than three years, as currently provided by law. Also, the bill states that if a health club offers a contract of more than one year's duration, it shall offer a one-year contract.
In addition, the bill mandates that a health club services contract shall not contain an automatic renewal clause, but may contain an option for the consumer to renew the contract. Further, the bill provides that if the contract contains a renewal option, the contract shall also provide that the health club must send a notice of the renewal option to the consumer at least 30 days, but not more than 60 days, prior to the first date that the consumer could exercise the renewal option. In order for the renewal option to be effective, the consumer must accept the renewal option in writing.
