(a) Every health club contract may be canceled, if by reason of death or disability the buyer is unable to receive all services as contracted. If the inability to receive all services as contracted is due to disability, the buyer shall have the option of extending the duration of the original contract at no cost for a period equal to the duration of the disability.

Terms Used In Hawaii Revised Statutes 486N-7

  • Buyer: means a natural person who enters into a health club contract. See Hawaii Revised Statutes 486N-1
  • Contract: A legal written agreement that becomes binding when signed.
  • Contract price: means the price for the purchase of a membership in a health club or for services offered by a health club or for use of the facilities of a health club. See Hawaii Revised Statutes 486N-1
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Health club: means any person operating a business organized for profit, offering facilities or services for the maintenance or development of physical fitness or well-being through physical exercise. See Hawaii Revised Statutes 486N-1
  • Health club contract: means a contract for membership in a health club, or for services offered by a health club, or for use of facilities of a health club, for a period longer than seven days. See Hawaii Revised Statutes 486N-1
(b) Every health club contract shall fully disclose the buyer’s right of cancellation in the event of death or disability, and the option to extend the duration of the health club contract in the event of disability.
(c) The health club shall have the right to require and verify reasonable evidence of disability or death.
(d) In the event of cancellation due to death or disability, the health club shall immediately refund to the buyer or the buyer’s estate, the entire consideration the buyer paid for the health club contract, less an amount computed by dividing the total contract price by the number of weeks in the term of the contract and multiplying the result by the number of weeks elapsed at the time of death or disability.
(e) “Disability”, as used in this section, means a condition which has existed for more than thirty days which precludes the buyer from using the facilities or services of the health club, and the condition is verified by a doctor legally authorized to practice medicine or osteopathy in the State.

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