Sec. 6. (a) In at least ten (10) point boldface type, every health spa services contract that has not been cancelled under section 5 of this chapter must provide that the buyer or the buyer’s estate may cancel the contract if any of the following occur:

(1) The buyer dies.

Terms Used In Indiana Code 24-5-7-6

  • Buyer: means a purchaser of services under a contract for health spa services. See Indiana Code 24-5-7-1
  • Contract: means a contract for health spa services entered into after August 31, 1983. See Indiana Code 24-5-7-1
  • Contract: A legal written agreement that becomes binding when signed.
  • 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
(2) The buyer becomes totally physically disabled for the duration of the contract.

(3) The health spa facility operated by the seller is moved to a location that is more than five (5) miles from the original facility. However, if a health spa facility is closed at any site and a facility with similar health spa services is operated less than five (5) miles away from the closed facility, then the buyer’s contract may be transferred to the operating facility, if the operator of the facility to which the contract is to be transferred accepts the transfer.

(4) The services are no longer available as provided in the contract because of the seller’s permanent discontinuance of operation.

     (b) This section does not restrict the seller from offering or providing in a contract additional or broader reasons for cancellation.

As added by P.L.249-1983, SEC.1. Amended by P.L.12-1986, SEC.8.