§ 59.1-294. Short title
This chapter shall be known and may be cited as the “Virginia Health Club Act.” 1984, c. 738; 2014, c. 459.
§ 59.1-295. Statement of purpose
The purpose of this chapter is to safeguard the public interest against fraud, deceit, and financial hardship, and to foster and encourage competition, fair dealing and prosperity in the field of health club services by prohibiting false and misleading advertising, and dishonest, deceptive, and unscrupulous practices by which the public has been injured in connection […]
§ 59.1-296. Definitions
As used in this chapter, unless the context requires a different meaning: “Automated external defibrillator” means a device that combines a heart monitor and defibrillator and (i) has been approved by the U.S. Food and Drug Administration; (ii) is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia; (iii) is […]
§ 59.1-296.1. Registration; fees
A. It shall be unlawful for any health club to offer, advertise, or execute or cause to be executed by the buyer any health club contract in this Commonwealth unless each facility of the health club has been properly registered with the Commissioner at the time of the offer, advertisement, sale or execution of a […]
§ 59.1-296.2:1. Prepayment contracts; prohibited practices; relocation; refund
A. No health club shall sell a health club contract on a prepayment basis without disclosing in the contract the date on which the facility shall open. The opening date shall not be later than 12 months from the signing of the contract. B. No health club shall close or relocate any facility without first […]
§ 59.1-296.2:2. Automated external defibrillator required
Each health club location shall have a working automated external defibrillator. 2020, c. 628.
§ 59.1-296.2. Contracts sold on prepayment basis
A. Each health club selling contracts or health club services on a prepayment basis shall notify the Commissioner of the proposed facility for which prepayments will be solicited and shall deposit all funds received from such prepayment contracts in an account established in a financial institution authorized to transact business in the Commonwealth until the […]
§ 59.1-296.3. Initiation fees
Whenever a refund is due a buyer, any initiation fee charged by a health club shall be prorated over the life of the contract or 12 months, whichever is greater. 1985, c. 585; 1990, cc. 392, 433; 2014, c. 459.
§ 59.1-297. Right of cancellation
A. Every health club contract for the sale of health club services may be cancelled under the following circumstances: 1. A buyer may cancel the contract without penalty within three business days of its making and, upon notice to the health club of the buyer’s intent to cancel, shall be entitled to receive a refund […]
§ 59.1-297.1. Payment and calculation of refunds
A. All refunds for cancellation of membership shall be paid within 30 days of the health club’s receipt of written notice of cancellation by the buyer and calculated by: 1. Dividing the contract price by the term of the contract in days; 2. Multiplying the number obtained in subdivision 1 by the number of days […]
§ 59.1-297.2. Automatic termination of a health club contract
A health club contract shall be considered terminated automatically if the designated facility closes permanently and the health club does not provide a comparable alternate facility. A facility closes temporarily if it closes for a reasonable period of time (i) for renovations to all or a portion of the facility, (ii) because the lease for […]
§ 59.1-298. Notice to buyer
A copy of the executed health club contract shall be delivered to the buyer at the time the contract is executed. All health club contracts shall (i) be in writing, (ii) state the name and physical address of the health club, (iii) be signed by the buyer, (iv) designate the date on which the buyer […]
§ 59.1-299. Duration of contract
No health club contract shall have a duration for a period longer than thirty-six months, including any renewal period; however, a health club contract may exceed 36 months provided that: 1. Any initiation fee does not exceed 10 times the initial monthly fee; 2. All payments for health club services, other than the initiation fee, […]
§ 59.1-300. Provisions of this chapter not exclusive
The provisions of this chapter are not exclusive and do not relieve the parties or the contracts subject thereto from compliance with all other applicable provisions of law. 1984, c. 738.
§ 59.1-301. Noncomplying contract voidable
Any health club contract that does not comply with the applicable provisions of this chapter shall be voidable at the option of the buyer. 1984, c. 738; 2014, c. 459.
§ 59.1-302. Fraud rendering contract void
Any health club contract entered into by the buyer upon any false or misleading information, representation, notice, or advertisement of the health club or the health club’s agents shall be void and unenforceable. 1984, c. 738; 2014, c. 459.
§ 59.1-303. Waiver of provisions void and unenforceable
Any waiver by the buyer of the provisions of this chapter shall be deemed contrary to public policy and shall be void and unenforceable. 1984, c. 738.
§ 59.1-304. Notice of preservation of buyers’ rights
All health club contracts and any promissory note executed by the buyer in connection therewith shall contain the following provision on the face thereof in at least 10-point, boldface type: NOTICE ANY HOLDER OF THIS CONTRACT OR NOTE IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS […]
§ 59.1-305. Prohibition against assignment of health club contract cutting off buyer’s right of action or defense against seller; conditions
Whether or not the health club has complied with the notice requirements of § 59.1-304, any right of action or defense arising out of a health club contract which the buyer has against the health club, and which would be cut off by assignment, shall not be cut off by assignment of the contract to […]
§ 59.1-306. Bond or letter of credit required; exception
A. Every health club, before it enters into a health club contract and accepts any moneys in excess of the prorated monthly fee for the month when the contract is initially executed plus one month’s fees or accepts any initiation fee in excess of $125, shall file and maintain with the Commissioner, in form and […]