§ 620. Legislative intent. 1. The legislature finds that there exists in connection with a number of contracts for health club services, sales practices and business and financing methods which may have resulted in deception and financial hardship upon the people of this state, that existing legal remedies are inadequate to correct these abuses; that […]
§ 622. Escrow required. All moneys received by a seller pursuant to a contract for services for use by a buyer of a health club prior to the full operation of such health club shall be placed in escrow. 1. Such funds shall be kept and maintained in an account separate and apart from any […]
§ 622-a. Bond, letter of credit or certificate of deposit required. 1. Every health club, except as provided in subdivision ten of this section, before it enters into any contract for services for use by a buyer of a health club, shall file and at all times maintain with the secretary, in form, amount as […]
§ 623. Contract restrictions. 1. No contract for services shall require payment by the person receiving service or the use of the facilities of a total amount in excess of three thousand six hundred dollars per annum, provided, however, that this subdivision shall not apply to contracts relating solely to the use of tennis, platform […]
§ 624. Rights of cancellation of contracts for services. 1. Every contract for services at a planned health club or a health club under construction shall, at the option of the buyer, be voidable in the event that the health club and the services to be provided pursuant to such contract are not available within […]
§ 625. Assignment of contracts for services. 1. No assignee who takes a note or other obligation as consideration for a contract containing the disclosure requirements of section six hundred twenty-four of this article shall fail to honor the consumer’s right of cancellation as provided in this article. 2. No creditor holding a note or […]
§ 626. Deceptive acts prohibited. It is hereby declared to be an unfair and deceptive trade practice and unlawful for a seller to: 1. Misrepresent directly or indirectly in its advertising, promotional materials, or in any manner the size, location, facilities or equipment of its studio, or place of business or the number or qualifications […]
§ 627. Contracts void and unenforceable. 1. Any contract for services which does not comply with the applicable provisions of this article shall be void and unenforceable as contrary to public policy. 2. Any waiver by the buyer of the provisions of this article shall be deemed void and unenforceable by the seller as contrary […]
§ 627-a. Automated external defibrillator requirements. 1. Every health club as defined under paragraph b of subdivision one of section three thousand-d of the public health law whose membership is fifty persons or more shall have available on the premises in a manner that provides obvious and ready accessibility to staff, members and guests at […]
§ 628. Private right of action. 1. Any buyer damaged by a violation of this article may bring an action for recovery of damages. Judgment may be entered in an amount not to exceed three times the actual damages plus reasonable attorney fees. 2. Nothing in this article shall be construed so as to nullify […]
§ 629. Violations. 1. Any seller or his assignees who violate any provision of this article, or who shall counsel, aid or abet such violation shall be liable for a civil fine of not more than twenty-five hundred dollars for each violation. The provisions of this article are not exclusive and do not relieve the […]
§ 630. Enforcement. In addition to the remedies hereinbefore provided, the attorney general may bring an action on behalf of the people of the state to restrain further violations of this article, to enforce the provisions of section six hundred twenty-two-a of this article and for such other relief as may be appropriate.
§ 631. Preemption. A political subdivision, otherwise authorized, may enact a local law, identical to the provisions of this article, to enable local enforcement of the provisions of this article and such local law. Any local law not identical with the provisions of this article, or with any rules and regulations promulgated hereunder, shall be […]
