New Hampshire Revised Statutes 358-I:6 – Buyer’s Rights
Current as of: 2023 | Check for updates
|
Other versions
I. Every seller of a prepaid health club services contract shall:
(a) Refund to the buyer the pro rata cost of any unused services, within 15 days after request therefor, if:
(1) The buyer is unable to receive benefits from the seller’s services by reason of death or disability. The health club may require that the disability be confirmed by an examination of a physician agreeable to the member and the health club; provided, however, that this subparagraph shall not operate to prevent the buyer from proving the disability in a judicial proceeding; or
(2) The seller relocates his facility more than 8 miles from its present location, or the services provided by the seller are materially impaired.
(b) Refund to the buyer the pro rata cost of any unused services under all contracts between the parties, within 15 days after request therefor, if the aggregate price of all contracts in force between the parties exceeds $1,000. Provided, however, if the contract so provides, the seller may retain a cancellation fee of not more than 25 percent of the pro rata cost of unused services on all contracts, not to exceed $250.
(c) Refund to the buyer the pro rata cost of any unused services within 15 days after the club ceases operation.
II. Upon the occurrence of any of the circumstances enumerated in subparagraphs I(a) or (b) or (c) of this section, the buyer or his estate shall be relieved of any further obligation for payment under the contract not then due and owing.
(a) Refund to the buyer the pro rata cost of any unused services, within 15 days after request therefor, if:
Terms Used In New Hampshire Revised Statutes 358-I:6
- buyer: means a natural person who enters into a health club contract or attains a status entitling him to the services or facilities of a health club. See New Hampshire Revised Statutes 358-I:1
- Contract: A legal written agreement that becomes binding when signed.
- Contract: means a monthly contract or a term contract:
(a) "Monthly contract" means any contract where services are paid on a monthly basis. See New Hampshire Revised Statutes 358-I:1 - Health club: means an establishment which provides services or facilities which purport to improve or maintain the user's physical condition or appearance through weight control, exercise, dieting, or a combination of these. See New Hampshire Revised Statutes 358-I:1
- Member: or "buyer" means a natural person who enters into a health club contract or attains a status entitling him to the services or facilities of a health club. See New Hampshire Revised Statutes 358-I:1
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Seller: means the person, corporation, partnership, association, or other entity engaged in the operation of a health club as defined in this section, and who offers for sale the right to use the facilities or the services of the health club. See New Hampshire Revised Statutes 358-I:1
- Services: means programs, plans, guidance, or instruction provided by a health club for health club members. See New Hampshire Revised Statutes 358-I:1
(1) The buyer is unable to receive benefits from the seller’s services by reason of death or disability. The health club may require that the disability be confirmed by an examination of a physician agreeable to the member and the health club; provided, however, that this subparagraph shall not operate to prevent the buyer from proving the disability in a judicial proceeding; or
(2) The seller relocates his facility more than 8 miles from its present location, or the services provided by the seller are materially impaired.
(b) Refund to the buyer the pro rata cost of any unused services under all contracts between the parties, within 15 days after request therefor, if the aggregate price of all contracts in force between the parties exceeds $1,000. Provided, however, if the contract so provides, the seller may retain a cancellation fee of not more than 25 percent of the pro rata cost of unused services on all contracts, not to exceed $250.
(c) Refund to the buyer the pro rata cost of any unused services within 15 days after the club ceases operation.
II. Upon the occurrence of any of the circumstances enumerated in subparagraphs I(a) or (b) or (c) of this section, the buyer or his estate shall be relieved of any further obligation for payment under the contract not then due and owing.