New Hampshire Revised Statutes 358-S:6 – Buyer’s Rights
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I. Every seller of a martial arts instruction term or monthly 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, disability, or extended illness beyond 3 months. The martial arts school may require that the disability or extended illness be confirmed by an examination of a physician agreeable to the member and the martial arts school, provided, however, that this subparagraph shall not operate to prevent the buyer from proving the disability in a judicial proceeding.
(2) The seller relocates the facility more than 8 miles from its present location, or the services provided by the seller are materially impaired.
(3) The buyer moves more than 25 miles away from the martial arts school.
(b) Refund to the buyer the pro rata cost of any unused services within 15 days after the martial arts school ceases operation.
II. Upon the occurrence of any of the circumstances enumerated in subparagraphs I(a) or (b) of this section, the buyer or the buyer’s 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-S:6
- 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 - 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
- Member: "buyer" or "student" means a natural person who enters into a martial arts school contract or attains a status entitling him or her to the services or facilities of a martial arts school. See New Hampshire Revised Statutes 358-S: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 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
(1) The buyer is unable to receive benefits from the seller’s services by reason of death, disability, or extended illness beyond 3 months. The martial arts school may require that the disability or extended illness be confirmed by an examination of a physician agreeable to the member and the martial arts school, provided, however, that this subparagraph shall not operate to prevent the buyer from proving the disability in a judicial proceeding.
(2) The seller relocates the facility more than 8 miles from its present location, or the services provided by the seller are materially impaired.
(3) The buyer moves more than 25 miles away from the martial arts school.
(b) Refund to the buyer the pro rata cost of any unused services within 15 days after the martial arts school ceases operation.
II. Upon the occurrence of any of the circumstances enumerated in subparagraphs I(a) or (b) of this section, the buyer or the buyer’s estate shall be relieved of any further obligation for payment under the contract not then due and owing.