Ohio § 1345.42

§ 1345.42.

(A) All prepaid entertainment contracts between the same seller and the same buyer that

are in effect at the same time, or the terms of which overlap for any period, shall

be considered as one contract for the purpose of sections 1345.43 and 1345.44 of the Revised Code . (B) Prepaid entertainment contracts shall: (1) Be in writing and be signed by the buyer and the seller, and a copy shall be provided

to the buyer at the time he signs the contract; (2) Not be measured by the life of the buyer; (3) Not have a duration of service other than a duration that is a precisely measured

period of years or any definite part of a year and shall not have a duration of service

for a period in excess of three years; (4) Provide that all information and material of a personal or private nature that is

acquired directly or indirectly from a buyer including but not limited to, answers

to tests or questionnaires, photographs, or background information, shall be returned

by the seller to the buyer by regular mail within thirty days after the expiration

of the contract or after the expiration for any reason of the service to be rendered

by the seller; (5) Provide that if by reason of death or disability, the buyer is unable to receive

benefits from the seller's services, the contract shall be proportionally divided

by all of the days in which the facility was made available to the buyer as part of

the contract offering, and the buyer shall be liable for payments only for that portion

of the contract that can be attributed to the period prior to the buyer's actual death

or disability, exclusive of any period of time in which the facility was made available

to the buyer free of charge as part of the contract offering, and the seller, within

thirty days after receiving notice of the death or disability, shall return to the

buyer or his representative the amount paid in excess of the proportional amount; (6) Provide that performance of the contract will begin no later than one hundred eighty

days from the date the contract is entered into; (7) Provide that if the buyer relocates twenty-five miles or more from the facility operated

by the seller or a substantially similar facility that would accept the seller's obligation

under the contract and if the buyer gives the seller written notice that he intends

to relocate and requests that the contract be terminated, the contract shall be proportionally

divided by all of the days in which the facility was made available to the buyer as

part of the contract offering, and the buyer shall be liable for payments for only

that portion of the contract that can be attributed to the period prior to the buyer's

actual relocation, exclusive of any period of time in which the facility was made

available to the buyer free of charge as part of the contract offering, provided,

that the seller may require and verify reasonable evidence of relocation, and the

seller shall return to the buyer the amount paid in excess of the proportional amount; (8) Provide that if the seller relocates the facility twenty-five miles or more from

the buyer's residence or closes the facility and a substantially similar facility

that would accept the seller's obligation under the contract is not within twenty-five

miles of the buyer's residence, the contract shall be proportionally divided by all

of the days in which the facility was made available to the buyer as part of the contract

offering, and the buyer shall be liable for payments for only that portion of the

contract that can be attributed to the period prior to the seller's actual relocation

or closing of the facility, exclusive of any period of time in which the facility

was made available to the buyer free of charge as part of the contract offering, and

the seller shall return to the buyer the amount paid in excess of the proportional

amount; (9) Not require the buyer to pay more than fifty dollars or ten per cent of the total

contract price, whichever is the lesser amount, prior to the date on which the facility

or service that is the subject of the contract is available for use by the buyer.