Public Act 103-0838
 
HB4911 EnrolledLRB103 36652 SPS 66761 b

    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.)

Effective Date: 1/1/2025