Montana Code 61-12-310. Form of contract
61-12-310. Form of contract. A motor club service contract may not be executed, issued, or delivered in this state unless it contains the following:
Terms Used In Montana Code 61-12-310
- Company: means any person, firm, partnership, company, association, or corporation engaged in selling, furnishing, or procuring, either as principal or agent, for a consideration, motor club service. See Montana Code 61-12-301
- Contract: A legal written agreement that becomes binding when signed.
- Motor club service: means the rendering, furnishing, or procuring of towing service, emergency road service, insurance service, bail bond service, legal service, discount service, financial service, buying and selling service, theft service, map service, and touring service, or any three or more enumerated services to any person or persons in connection with the ownership, operation, use, or maintenance of a motor vehicle by the other person or persons in consideration of the other person or persons being or becoming a member or members of any company rendering, procuring, or furnishing the services, being or becoming in any manner affiliated with the company, or being or becoming entitled to receive membership or other motor club service from the company by virtue of any agreement or understanding with the company. See Montana Code 61-12-301
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Street: means the entire width between the boundary lines of every publicly maintained way when any part of the publicly maintained way is open to the use of the public for purposes of vehicular travel. See Montana Code 61-1-101
(1)the name of the motor club service company;
(2)the location of its home office, giving street number, city, and state;
(3)a provision that the contract may be canceled at any time by either the company or the holder and that the holder is, if the holder has actually paid the consideration, entitled to the unused portion of the consideration paid for the contract, calculated on a pro rata basis without any deductions;
(4)a provision plainly specifying the services promised and that the holder is not required to pay any sum for any services specified in the contract in addition to the amount specified in the contract and further specifying the territory where the services are to be rendered and the date when the service commences.