South Carolina § 44-79-40 - Prohibited contractual provisions.

§ 44-79-40. Prohibited contractual provisions.

No contract for physical fitness services may:

(1) have a duration of longer than twenty-four months, nor a duration measured by the life of the customer, the life of the center, or any similar indefinite term; provided, however, if a center demonstrates financial responsibility to the administrator of the Department of Consumer Affairs and has been in operation for five or more years in this State, it may offer contracts for physical fitness services for a duration of up to thirty-six months if approved in writing by the administrator;

(2) waive the required provisions of this chapter;

(3) provide that a right of action or defense of the customer may be cut off by assignment of the contract to a third person.

HISTORY: 1985 Act No. 165, SECTION 1; 1986 Act No. 467, SECTION 2; 2008 Act No. 298, SECTION 1, eff upon approval (became law without the Governor's signature on June 12, 2008).