New Hampshire Revised Statutes 358-S:3 – Contract Requirements; Disclosure of Cancellation Rights
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I. A fully completed copy of each contract shall be delivered to the buyer at the time the contract is signed. Every contract shall constitute the entire agreement between the seller and the buyer, shall be in writing, shall be signed by the buyer, and shall designate the date on which the buyer signed the contract.
II. Each contract shall state in at least 10 point boldface type the following:
(a) “NOTICE TO BUYER: DO NOT SIGN THIS CONTRACT UNTIL YOU HAVE READ ALL OF IT. ALSO, DO NOT SIGN THIS CONTRACT IF IT CONTAINS ANY BLANK SPACES.”
(b) “STATE LAW REQUIRES THAT THIS MARTIAL ARTS SCHOOL REGISTER WITH THE BUREAU OF CONSUMER PROTECTION AND ANTITRUST OF THE DEPARTMENT OF JUSTICE AND MAY REQUIRE THAT THIS MARTIAL ARTS SCHOOL POST A BOND TO PROTECT CUSTOMERS WHO PAY IN ADVANCE FOR MEMBERSHIP OR SERVICES IN THE EVENT THIS MARTIAL ARTS SCHOOL CLOSES. YOU SHOULD ASK TO SEE EVIDENCE THAT THIS MARTIAL ARTS SCHOOL HAS EITHER POSTED A BOND IN COMPLIANCE WITH THE LAW OR HAS BEEN EXEMPTED FROM THIS REQUIREMENT BY THE ATTORNEY GENERAL BEFORE YOU SIGN THIS CONTRACT. IF THIS MARTIAL ARTS SCHOOL HAS NOT POSTED SUCH A BOND, AND YOU PAY THIS MARTIAL ARTS SCHOOL FOR MORE THAN ONE MONTH‘S MEMBERSHIP OR SERVICES IN ADVANCE, THEN YOU ARE PAYING FOR FUTURE SERVICES, AND YOU MAY BE RISKING THE LOSS OF YOUR MONEY IN THE EVENT THAT THE MARTIAL ARTS SCHOOL CEASES TO CONDUCT BUSINESS.”
III. Every buyer shall be entitled to cancel his or her contract within 3 business days by notifying the martial arts school in writing by midnight of the third business day following the date of the purchase of the membership contract. Written notification is deemed given if mailed or delivered by midnight of the third business day. All money collected pursuant to the contract shall be refunded to the purchaser exercising the right to cancel.
IV. (a) Each contract shall contain in at least 10 point boldface type a statement in substantially the following form:
“YOU MAY CANCEL THIS TRANSACTION IN WRITING ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION.”
(b) The buyer may cancel the contract by written notice mailed to the seller, preferably by certified or registered letter, or the buyer may cancel the contract by delivering a notice in person within the cancellation period. If such notice is hand-delivered, the buyer shall be entitled to a receipt.
V. Each contract shall further contain a statement notifying the buyer of each of his or her rights under N.H. Rev. Stat. § 358-S:6.
VI. Each martial arts school shall provide the department of justice with a copy of its membership contract.
II. Each contract shall state in at least 10 point boldface type the following:
Terms Used In New Hampshire Revised Statutes 358-S:3
- Contract: A legal written agreement that becomes binding when signed.
- Contract: means a month-to-month contract, monthly contract, or a term contract:
(a) "Month-to-month contract" means any contract for a new prospective student to pay membership fees on a monthly basis. See New Hampshire Revised Statutes 358-S: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.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- justice: when applied to a magistrate, shall mean a justice of a municipal court, or a justice of the peace having jurisdiction over the subject-matter. See New Hampshire Revised Statutes 21:12
- Martial arts school: means any establishment primarily operated for the purpose of teaching a form or forms of self-defense, such as judo or karate. See New Hampshire Revised Statutes 358-S:1
- month: shall mean a calendar month, and the word "year" a calendar year, unless otherwise expressed; and the word "year" shall be equivalent to the expression "year of our Lord. See New Hampshire Revised Statutes 21:8
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Seller: means the person, corporation, partnership, association, or other entity engaged in the operation of a martial arts school as defined in this section, and who offers for sale martial arts instruction at the martial arts school. See New Hampshire Revised Statutes 358-S:1
- Services: means programs, plans, guidance, or instruction provided by a martial arts school for martial arts school members. See New Hampshire Revised Statutes 358-S:1
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
(a) “NOTICE TO BUYER: DO NOT SIGN THIS CONTRACT UNTIL YOU HAVE READ ALL OF IT. ALSO, DO NOT SIGN THIS CONTRACT IF IT CONTAINS ANY BLANK SPACES.”
(b) “STATE LAW REQUIRES THAT THIS MARTIAL ARTS SCHOOL REGISTER WITH THE BUREAU OF CONSUMER PROTECTION AND ANTITRUST OF THE DEPARTMENT OF JUSTICE AND MAY REQUIRE THAT THIS MARTIAL ARTS SCHOOL POST A BOND TO PROTECT CUSTOMERS WHO PAY IN ADVANCE FOR MEMBERSHIP OR SERVICES IN THE EVENT THIS MARTIAL ARTS SCHOOL CLOSES. YOU SHOULD ASK TO SEE EVIDENCE THAT THIS MARTIAL ARTS SCHOOL HAS EITHER POSTED A BOND IN COMPLIANCE WITH THE LAW OR HAS BEEN EXEMPTED FROM THIS REQUIREMENT BY THE ATTORNEY GENERAL BEFORE YOU SIGN THIS CONTRACT. IF THIS MARTIAL ARTS SCHOOL HAS NOT POSTED SUCH A BOND, AND YOU PAY THIS MARTIAL ARTS SCHOOL FOR MORE THAN ONE MONTH‘S MEMBERSHIP OR SERVICES IN ADVANCE, THEN YOU ARE PAYING FOR FUTURE SERVICES, AND YOU MAY BE RISKING THE LOSS OF YOUR MONEY IN THE EVENT THAT THE MARTIAL ARTS SCHOOL CEASES TO CONDUCT BUSINESS.”
III. Every buyer shall be entitled to cancel his or her contract within 3 business days by notifying the martial arts school in writing by midnight of the third business day following the date of the purchase of the membership contract. Written notification is deemed given if mailed or delivered by midnight of the third business day. All money collected pursuant to the contract shall be refunded to the purchaser exercising the right to cancel.
IV. (a) Each contract shall contain in at least 10 point boldface type a statement in substantially the following form:
“YOU MAY CANCEL THIS TRANSACTION IN WRITING ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION.”
(b) The buyer may cancel the contract by written notice mailed to the seller, preferably by certified or registered letter, or the buyer may cancel the contract by delivering a notice in person within the cancellation period. If such notice is hand-delivered, the buyer shall be entitled to a receipt.
V. Each contract shall further contain a statement notifying the buyer of each of his or her rights under N.H. Rev. Stat. § 358-S:6.
VI. Each martial arts school shall provide the department of justice with a copy of its membership contract.