Every health spa contract for the sale of future health spa services which are paid for in advance or for which the buyer agrees to pay in future installments shall be in writing and shall contain the following contractual provisions:

(1) A provision for the penalty-free cancellation of the contract within 3 business days of its making and a provision for a refund following such cancellation of all moneys paid under the contract upon written notice by the buyer.

(2) A provision for the cancellation of the contract if the health spa relocates or goes out of business and fails to provide alternative facilities within 15 miles of the location designated in the health spa contract, obligating the health spa to refund to the buyer funds paid or accepted in payment of the contract in an amount computed by dividing the contract price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the contract term.

(3) A provision that to cancel a contract in accordance with paragraph (2) of this section, the buyer shall notify the health spa of cancellation in writing, by certified mail, return receipt requested, to the address specified in the health spa contract; that all moneys to be refunded upon cancellation of the health spa contract shall be paid within 30 days of receipt of the notice of cancellation; and that if the customer has executed any credit or lien agreement with the health spa to pay for all or part of health spa services, any such negotiable instrument executed by the buyer shall also be returned within 30 days after such cancellation.

66 Del. Laws, c. 395, § ?1;

Terms Used In Delaware Code Title 6 Sec. 4205

  • Buyer: means a natural person who enters into a health spa contract. See Delaware Code Title 6 Sec. 4202
  • Contract: A legal written agreement that becomes binding when signed.
  • Contract price: means the sum of the initiation fee, if any, and all fees except interest required by the health spa contract. See Delaware Code Title 6 Sec. 4202
  • Health spa: includes any person, firm, corporation, organization, club or association engaged in the sale of memberships in a program of physical exercise, physical fitness, weight control or figure reduction, which offers the use of 1 or more of the following: a whirlpool, weight lifting room, steam room, exercising room or exercising or weight loss device. See Delaware Code Title 6 Sec. 4202
  • Health spa contract: means a written agreement whereby the buyer of health spa services purchases or becomes obligated to purchase health spa services to be rendered over a period longer than 3 months, and the seller of health spa services receives payment to cover a period more than 3 months. See Delaware Code Title 6 Sec. 4202
  • Health spa services: means and includes services, privileges or rights offered for sale or provided by a health spa. See Delaware Code Title 6 Sec. 4202
  • Lien: A claim against real or personal property in satisfaction of a debt.