59.1-297 - Right of cancellation. - Virginia Statutes

§ 59.1-297. Right of cancellation.

A. Every health spa contract for the sale of health spa services may becancelled under the following circumstances:

1. A buyer may cancel the contract without penalty within three business daysof its making and, upon notice to the health spa of the buyer's intent tocancel, shall be entitled to receive a refund of all moneys paid under thecontract.

2. A buyer may cancel the contract if the facility relocates or goes out ofbusiness and the health spa fails to provide comparable alternate facilitieswithin five driving miles of the location designated in the health spacontract. Upon receipt of notice of the buyer's intent to cancel, the healthspa shall refund to the buyer funds paid or accepted in payment of thecontract in an amount computed as prescribed in § 59.1-297.1.

3. The contract may be cancelled if the buyer dies or becomes physicallyunable to use a substantial portion of the services for 30 or moreconsecutive days. If the buyer becomes physically unable to use a substantialportion of the services for 30 or more consecutive days and wishes to cancelhis contract, he must provide the health spa with a signed statement from hisdoctor, physician assistant, or nurse practitioner verifying that he isphysically unable to use a substantial portion of the health spa services for30 or more consecutive days. Upon receipt of notice of the buyer's intent tocancel, the health spa shall refund to the buyer funds paid or accepted inpayment of the contract in an amount computed as prescribed in § 59.1-297.1.In the case of disability, the health spa may require the buyer to submit toa physical examination by a doctor, physician assistant, or nursepractitioner agreeable to the buyer and the health spa within 30 days ofreceipt of notice of the buyer's intent to cancel. The cost of theexamination shall be borne by the health spa.

B. The buyer shall notify the health spa of cancellation in writing, bycertified mail, return receipt requested, or personal delivery, to theaddress of the health spa as specified in the health spa contract.

C. If the customer has executed any credit or lien agreement with the healthspa or its representatives or agents to pay for all or part of health spaservices, any such negotiable instrument executed by the buyer shall bereturned to the buyer within 30 days after such cancellation.

D. If the spa agrees to allow a consumer to cancel for any other reason notoutlined in this section, upon receipt of notice of cancellation by thebuyer, the health spa shall refund to the buyer funds paid or accepted inpayment of the contract in an amount computed as prescribed in § 59.1-297.1.

(1984, c. 738; 1990, cc. 392, 433; 2003, c. 344; 2004, c. 855; 2006, c. 396;2010, c. 439.)