Oklahoma § 59-2004 - Provisions to be included in contract or membership

§ 59-2004. Provisions to be included in contract or membership

agreement.

Every health spa contract or membership agreement for the sale

of future health spa services which are paid for in advance or which

the buyer agrees to pay for in future installments shall be in

writing and shall contain the following provisions:

1. A provision for the penalty-free cancellation of the

contract or membership agreement within three (3) business days of

its making and refund upon such notice, of all monies paid under the

contract or membership agreement;

2. A provision for the cancellation of the contract or

membership agreement if the health spa relocates or goes out of

business and fails to provide alternative facilities within eight

(8) miles of the location designated in the health spa contract or

membership agreement. Upon receipt of such notice, the health spa

shall refund to the buyer funds paid or accepted in payment of the

contract or membership agreement in an amount computed by dividing

the contract price by the number of weeks in the contract or

membership agreement term and multiplying the result by the number

of weeks remaining in the contract or membership agreement term;

3. A provision for the cancellation of the contract or

membership agreement if the buyer dies or becomes physically unable

to use a substantial portion of the services for thirty (30) or more

consecutive days. Upon receipt of such notice, the health spa shall

refund to the buyer funds paid or accepted in payment of the

contract or membership agreement in an amount computed by dividing

the contract price by the number of weeks in the contract or

membership agreement term and multiplying the result by the number

of weeks remaining in the contract or membership agreement term. In

the case of disability, the health spa may require the buyer to

submit to a physical examination by a doctor agreeable to the buyer

and the health spa. The cost of the examination shall be borne by

the health spa;

4. A provision that:

a.

to cancel a contract or membership agreement, the

buyer shall notify the health spa of cancellation in

writing, by certified mail, return receipt requested,

or personal delivery, to the address specified in the

health spa contract or membership agreement,

b.

all moneys to be refunded upon cancellation of the

health spa contract or membership agreement shall be

paid within thirty (30) days of receipt of the notice

of cancellation, and

c.

if the customer has executed any credit or lien

agreement with the health spa to pay for all or part

of health spa services, any such agreement executed by

Oklahoma Statutes - Title 59. Professions and Occupations

the buyer shall also be returned within sixty (60)

days after such cancellation;

5. A provision for the penalty-free cancellation of the

contract or membership agreement if the health spa changes ownership

and relocates and fails to provide notice of the change of ownership

and relocation within thirty (30) days through certified mail to the

buyer; and

6. A provision for the penalty-free cancellation of the

contract or membership agreement if the health spa changes ownership

and relocates and fails to obtain written authorization from the

buyer to continue to collect automatic bank draft deductions. If

the health spa fails to secure written authorization from the buyer,

the health spa shall refund to the buyer any funds drafted after the

change of ownership and relocation.

Added by Laws 1987, c. 217, § 6, eff. Nov. 1, 1987. Renumbered from

Title 15, § 775.4 by Laws 1988, c. 215, § 12, eff. Nov. 1, 1988.

Amended by Laws 1991, c. 96, § 4, eff. Sept 1, 1991; Laws 2012, c.

258, § 3, emerg. eff. May 15, 2012.