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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
AMENDED
health spa contracts; cancellation; notice
Purpose
Prescribes methods for a customer to cancel or suspend the customer's health spa services contract and requires a health spa to notify a customer of the authorized methods.
Background
A health spa
is an establishment that provides, as its primary purpose, services or
facilities to assist patrons in physical exercise, weight control or figure
development. A contract for health spa services is a contract for
membership in any health spa or for instruction, training, assistance or use of
facilities primarily for physical exercise, weight control or figure
development (A.R.S.
§ 44-1791).
Every contract for health spa services must be in writing and a copy of the contract must be given to the customer at the time of signing. A contract for new or increased health spa services may be cancelled by the customer for any reason and at any time before midnight of the third operating day after the customer received a copy of the contract. In order to cancel a contract, the customer must notify the health spa of cancellation in writing by certified mail, return receipt requested, or by personal delivery to the address specified in the contract. The contract must contain a conspicuous prescribed notice that includes the authorized methods for the customer to cancel the contract (A.R.S. § 44-1793).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows a customer to cancel or suspend the customer's contract for health spa services by notifying the health spa of the cancellation or suspension by:
a) mailing or personally delivering a notice to the health spa's address that is specified in the contract;
b) emailing a notice to the email address that is specified in the contract, or if there is not a specified email address, to any email address that the health spa uses for customer service;
c) using a cancellation option provided by the health spa's website; or
d) using any other manner specified by the contract.
2. Removes the requirement that a mailed cancellation notice be sent with a return receipt requested.
3. Requires a health spa to notify a customer of the authorized methods to cancel or suspend the customer's contract for health spa services.
4. Conforms the prescribed notice a health spa must include in the contract for health spa services to reflect that a customer may send a cancellation notice by email.
5. Specifies that the changes to the cancellation or suspension methods apply to a contract entered into or renewed beginning on the general effective date.
6. Makes technical and conforming changes.
7. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Specifies that the cancellation or suspension method changes apply to a contract entered into or renewed beginning on the general effective date.
COM 2/2/21 DP 10-0-0-0 COM 3/24/21 DPA 7-1-1
3rd Read 2/11/21 60-0-0
Prepared by Senate Research
March 25, 2021
LB/MC/kja