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(815 ILCS 645/6) (from Ch. 29, par. 56)
Sec. 6.
Contract requirements: cancellation and refund.
(a) Every contract for physical fitness services shall
provide that: (1) the contract may be cancelled by the customer
within 3 business days after the first business day after the contract is
signed by the customer, and that all monies paid pursuant to said contract
shall be refunded to the customer. For the purposes of this Section,
business day shall mean any day on which the facility is open for business.
A customer purchasing a plan at a facility which has not yet opened for
business at the time the contract is signed, or who does not purchase a
contract at an existing facility, shall have seven calendar days in which
to cancel the contract and receive a full refund of all monies paid. The
customer's rights to cancel described herein are in addition to any other
contract rights or remedies provided by law; (2) in the
event of the relocation of a customer's residence
to farther than 25 miles from the center's facilities, and upon the failure
of the original center to designate a center, with comparable facilities
and services within 25 miles of the customer's new residence, which agrees
to accept the original center's obligations under the contract, the customer
may cancel the contract and shall be liable for only that portion of the
charges allocable to the time before reasonable evidence of such relocation
is presented to the center, plus a reasonable fee if so provided in the
contract, but such fee shall not exceed 10% of the unused balance, or $50,
whichever is less; and (3) if the customer, because of death or disability,
is unable to use or receive all services contracted for, the customer, or
his estate as the case may be, shall be liable for only that portion
of the charges allocable to the time prior to death or the onset of disability.
The center shall in such event have the right to require and verify reasonable
evidence of such death or disability.
(b) Every contract for physical fitness services shall provide that notice
of cancellation pursuant to subsection (a) of this Section shall be made
in writing and delivered by certified or registered mail to the center at the
address specified in the contract. All refunds to which a customer or his
estate is entitled shall be made within 30 days of receipt by the center
of the cancellation notice.
(Source: P.A. 84-850.)
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