HB4911 EngrossedLRB103 36652 SPS 66761 b

1    AN ACT concerning business.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Physical Fitness Services Act is amended by
5changing Section 6 as follows:
 
6    (815 ILCS 645/6)  (from Ch. 29, par. 56)
7    Sec. 6. Contract requirements: cancellation and refund.
8(a) Every contract for physical fitness services shall provide
9that: (1) the contract may be cancelled by the customer within
103 business days after the first business day after the
11contract is signed by the customer, and that all monies paid
12pursuant to said contract shall be refunded to the customer.
13For the purposes of this Section, business day shall mean any
14day on which the facility is open for business. A customer
15purchasing a plan at a facility which has not yet opened for
16business at the time the contract is signed, or who does not
17purchase a contract at an existing facility, shall have seven
18calendar days in which to cancel the contract and receive a
19full refund of all monies paid. The customer's rights to
20cancel described herein are in addition to any other contract
21rights or remedies provided by law; (2) in the event of the
22relocation of a customer's residence to farther than 25 miles
23from the center's facilities, and upon the failure of the

 

 

HB4911 Engrossed- 2 -LRB103 36652 SPS 66761 b

1original center to designate a center, with comparable
2facilities and services within 25 miles of the customer's new
3residence, which agrees to accept the original center's
4obligations under the contract, the customer may cancel the
5contract and shall be liable for only that portion of the
6charges allocable to the time before reasonable evidence of
7such relocation is presented to the center, plus a reasonable
8fee if so provided in the contract, but such fee shall not
9exceed 10% of the unused balance, or $50, whichever is less;
10and (3) if the customer, because of death or disability, is
11unable to use or receive all services contracted for, the
12customer, or his estate as the case may be, shall be liable for
13only that portion of the charges allocable to the time prior to
14death or the onset of disability. The center shall in such
15event have the right to require and verify reasonable evidence
16of such death or disability.
17    (b) Every contract for physical fitness services shall
18provide that notice of cancellation pursuant to subsection (a)
19of this Section shall be made in writing and delivered by
20certified or registered mail to the center at the address
21specified in the contract, online at the center's website that
22the contract was entered into, if the contract was entered
23into online, or by the email address provided in the contract,
24if an email address was provided. All refunds to which a
25customer or his estate is entitled shall be made within 30 days
26of receipt by the center of the cancellation notice.

 

 

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1    (c) Every contract for physical fitness services that
2automatically renews must comply with the requirements of the
3Automatic Contract Renewal Act.
4(Source: P.A. 84-850.)