358-I:1 Definitions. – As used in this chapter: I. "Contract" means a monthly contract or a term contract: (a) "Monthly contract" means any contract where services are paid on a monthly basis. (b) "Term contract" means any contract where services are paid for in advance for a period of time greater than one month. […]
358-I:10 Applicability. – I. The provisions of RSA 358-I:2, 4, 6 and 7 shall apply to all health clubs operating or intending to operate in this state. II. The provisions of RSA 358-I:3 and 5 shall apply to all health club contracts entered into on or after June 24, 1983. Source. 1983, 438:1, eff. […]
358-I:2 Registration; Surety Bond; Escrow of Deposits. – I. Any person, corporation, partnership, association, or other entity operating or intending to open or operate a health club within this state shall file a registration statement with the attorney general. Such registration statement shall contain the name and address of the health club; the names […]
358-I:3 Contract Requirements; Disclosure of Cancellation Rights. – I. A fully completed copy of each prepaid contract shall be delivered to the buyer at the time the contract is signed. Every contract must constitute the entire agreement between the seller and the buyer, shall be in writing, shall be signed by the buyer, and […]
358-I:4 List of Membership Plans. – I. Each health club operating in this state shall prepare a comprehensive list of all membership plans offered for sale by the health club and the respective price of each plan. The list shall be shown to each prospective purchaser of a membership plan. II. A health club […]
358-I:5 Length of Membership Contract; Automatic Renewal Prohibited; Required Membership Options. – I. No term contract for health club services shall be for a term of more than one year, nor shall any health club term contract contain an automatic renewal clause for a period greater than one month. A contract may provide for […]
358-I:6 Buyer’s Rights. – I. Every seller of a prepaid health club services 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 or disability. The […]
358-I:6-a Rulemaking. – The attorney general shall adopt rules, pursuant to RSA 541-A, relative to: I. The information required on the registration statement required under RSA 358-I:2, I. II. The financial documentation necessary to assure financial responsibility to make refunds under RSA 358-I:2. III. Documentation evidencing qualification for exemption under RSA 358-I:2. IV. Procedures […]
358-I:7 Prohibited Activities. – I. A health club shall be prohibited from offering specials or discounts unless such specials or discounts are made in writing and are made available to all prospective members who have not previously been members of the health club; provided, however, that specials or discounts offered to groups need not […]
358-I:8 Remedies. – I. Any violation of the provisions of this chapter is an unfair or deceptive act or practice within the meaning of RSA 358-A:2. Any right, remedy or power set forth in RSA 358-A, including those set forth in RSA 358-A:4, II, may be used to enforce the provisions of this chapter. […]
358-I:9 Waiver of Provisions. – Any waiver of the member or buyer of any of the provisions of this chapter shall be deemed contrary to public policy and shall be void and unenforceable. Source. 1983, 438:1, eff. June 24, 1983.
