Sec. 10. (a) A contract for health spa services that does not comply with this chapter is voidable at the option of the buyer.

     (b) The seller may cure noncompliance with this chapter, and no legal action may be brought by the buyer for relief under this chapter unless, following receipt of written notice of such noncompliance, the seller:

Terms Used In Indiana Code 24-5-7-10

  • Buyer: means a purchaser of services under a contract for health spa services. See Indiana Code 24-5-7-1
  • Health spa: means any business entity, other than an entity that is exempt from taxation under Section 501 of the Internal Revenue Code, offering health spa services to the public. See Indiana Code 24-5-7-1
  • Health spa services: means instruction, training, or assistance in physical culture, bodybuilding, exercising, reducing, figure development, or any other health spa service, for the use of the facilities of a health spa, figure salon, weight loss clinic, gymnasium, or other facility used for the delivery of health spa services, or for membership in any group, club, association, or organization formed to deliver health spa services. See Indiana Code 24-5-7-1
  • Seller: means a seller of services under a contract for health spa services. See Indiana Code 24-5-7-1
(1) fails within thirty (30) days of receipt of the notice of noncompliance to notify all buyers with whom the seller has contracted since August 31, 1983, of the noncompliance; or

(2) fails to make all contracts for health spa services which the seller has entered into after August 31, 1983, comply with this chapter.

As added by P.L.249-1983, SEC.1.