552.1 Definitions. As used in this chapter, unless the context otherwise requires: 1. “Contract price” means the total price paid or to be paid, including service charges or membership fees, which entitles the buyer either directly or indirectly to membership in a physical exercise club or to the use of the services or facilities of […]
552.10 Statement regarding assignability of buyer’s obligation. If the buyer’s obligation is in a form that may be assigned, the contract shall state in boldface type on the front page of the contract that the contract may be discounted and sold to third parties to whom the buyer will become obligated to make full payment. […]
552.11 Buyer’s rights upon assignment. 1. A physical exercise club contract is not assignable by the physical exercise club without written notice of the assignment mailed to the buyer at the buyer’s address as stated in the contract. The notice shall identify the contract, state the name and address of the assignee, the amount payable […]
552.12 Listing of equipment and services. 1. A physical exercise club, which accepts prepayments as defined in section 552.1, subsection 5, shall compile a written list which shall be available to a buyer upon request showing: a. The equipment by kind and quantity that is or will be made available. b. Each service which the […]
552.13 Remedies — violations. 1. If a physical exercise club violates a provision of this chapter, the buyer may cancel the physical exercise club contract. The buyer also has a right of action against the physical exercise club for recovery of the amount the buyer paid to the physical exercise club under the contract. In […]
552.14 Prohibited activities. 1. It is unlawful for a physical exercise club to make any misrepresentation to current members, prospective buyers, or buyers of physical exercise club contracts regarding: a. Qualifications of staff. b. Availability, quality, or extent of facilities or services. c. Results obtained through exercise, dieting, or weight control programs. d. Membership rights. […]
552.15 Repealed by 2000 Acts, ch 1021, §4 .
552.16 Escrow — bond. 1. A physical exercise club or its assignee or agent that accepts prepayments shall deposit all of the funds received as prepayments in an escrow account established with a financial institution located in this state whose accounts are insured by the federal deposit insurance corporation, the national credit union administration, or […]
552.17 Consumer credit sales. 1. A physical exercise club contract where a finance charge is made or where payment is required or permitted by agreement to be made in more than four periodic payments, excluding a down payment, is a consumer credit sale within the meaning of section 537.1301, subsection 13, and is subject to […]
552.18 Waiver of provisions. A waiver by the buyer of any of the provisions of this chapter is void as contrary to public policy. 88 Acts, ch 1221, §18
552.19 Immunity. Notwithstanding chapter 669, there is no liability on behalf of the state of Iowa, the attorney general, or the employees of the attorney general, for damages for failure to execute, or for negligently executing, the duties or authority conferred upon them by this chapter, or the rules adopted pursuant to this chapter. 88 […]
552.2 Purpose. The purpose of this chapter is to safeguard the public against fraud, deceit, and financial hardship and to foster and encourage competition, fair dealing, and prosperity in the field of physical exercise club operations and services by prohibiting or restricting practices by which the public has been injured in connection with contracts for […]
552.20 Rules. The attorney general may adopt rules in accordance with chapter 17A to carry out the provisions of this chapter. 88 Acts, ch 1221, §20
552.21 Construction of chapter. This chapter does not limit the power or authority of the attorney general to seek administrative, legal, or equitable relief as provided by other statutes or at common law. 88 Acts, ch 1221, §21
552.22 Applicability. This chapter applies to all physical exercise club contracts entered into in this state on or after July 1, 1988, concerning physical exercise club facilities located, or services to be provided, in this state. 88 Acts, ch 1221, §22
552.3 Unenforceable contracts. A physical exercise club contract or assignment of a contract that does not comply with this chapter is unenforceable as contrary to public policy. 88 Acts, ch 1221, §3
552.4 Contracts for physical exercise club services — right of cancellation. 1. A physical exercise club contract shall provide that the contract may be canceled within three business days after the date of receipt by the buyer of a copy of the signed contract. Cancellation shall be by written notice delivered to the seller at […]
552.5 Contract — statement of buyer’s rights — form. 1. a. A physical exercise club contract shall be in writing and signed by the buyer. The contract shall state in at least ten point boldface type: NOTICE TO BUYER: Do not sign this contract until you read it. Do not sign this contract if it […]
552.6 Delivery of physical exercise club rules. A physical exercise club contract shall include a complete statement of the rules of the physical exercise club, or an acknowledgment in a conspicuous form that the buyer has received a copy of the rules. Physical exercise club rules shall include, but are not limited to, the hours […]
552.7 Buyer’s cancellation. If a buyer cancels a physical exercise club contract pursuant to the three-day cancellation provision, the physical exercise club shall send the buyer a written confirmation of cancellation, together with the buyer’s refund and any negotiable instruments executed by the buyer, within forty-five days after receipt by the physical exercise club of […]
