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| Public Act 103-0838 | ||||
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AN ACT concerning business. | ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly: | ||||
Section 5. The Physical Fitness Services Act is amended by | ||||
changing Section 6 as follows: | ||||
(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, online at the center's website that | ||
the contract was entered into, if the contract was entered | ||
into online, or by the email address provided in the contract, | ||
if an email address was provided. 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. | ||
(c) Every contract for physical fitness services that | ||
automatically renews must comply with the requirements of the | ||
Automatic Contract Renewal Act. | ||
(Source: P.A. 84-850.) | ||