A consumer may rescind a contract for the purchase of a health spa service by emailing or mailing written notice of the consumer’s intent to rescind:
Terms Used In Utah Code 13-23-4
Consumer: means a purchaser of health spa services for consideration. See Utah Code 13-23-2
Contract: A legal written agreement that becomes binding when signed.
Division: means the Division of Consumer Protection. See Utah Code 13-23-2
Health spa: means a business enterprise that provides access to a facility:
(i)
for a charge or a fee; and
(ii)
for the development or preservation of physical fitness or well-being, through exercise, weight control, or athletics. See Utah Code 13-23-2
Health spa service: includes a personal training service. See Utah Code 13-23-2
Primary location: means the health spa facility that a health spa designates in a contract for health spa services as the health spa facility the consumer in the contract will primarily use for health spa services. See Utah Code 13-23-2
Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
(a)
to the email address or mailing address the health spa provided in the contract, as described in Subsection 13-23-3(6)(b); and
(b)
(i)
before midnight of the third business day after the day on which the consumer and health spa execute the contract, as recorded by timestamp or postmark; or
(ii)
if a consumer and health spa execute the contract when the consumer’s primary location is not fully operational and available for use, before midnight of the third business day after the day on which the consumer’s primary location becomes fully operational and available for use, as recorded by timestamp or postmark.
(2)
(a)
A consumer who rescinds a contract under this section is entitled to a refund of every payment the consumer made, less the reasonable value of any health spa service the consumer actually received.
(b)
The preparation and processing of the contract or another document is not a health spa service that is deductible under Subsection (2)(a) from any refundable amount.
(c)
In an enforcement action that the division initiates, a health spa has the burden of proving that any value the health spa retains under Subsection (2)(a) is reasonable.
(3)
The rescission of a contract under this section is effective upon the health spa’s receipt of written notice of the consumer’s intent to rescind the contract.
