3304

LAWS OF MARYLAND

Ch. 837

(c)  If a health club facility at which a buyer of health
club services is provided with those services is closed for a
period longer than 1 month through no fault of the buyer, the
buyer is entitled to:

(1)  Extend the membership contract for a period equal
to the period during which the facility is closed; or

(2)  A prorated refund of the amount paid by the buyer
under the contract.

(d)  (1) If the health club facility is closed through no
fault of the seller, the choice of remedy described in subsection
(c) of this section shall be made by the seller.

(2) If the health club facility is closed through the
fault of the seller, the choice of a remedy described in
subsection (c) of this section shall be made by the buyer.

[14-12B-05.

(a)  If a health club facility is not in existence on the
date the health club services agreement is executed , : (1) the
buyer may cancel the contract in the event the facility is not
open for business on the date as provided by the agreement; AND

(2) THE BUYER MAY CANCEL THE CONTRACT WITHIN 3
BUSINESS DAYS AFTER THE OPENING OF THE FACILITY, OR AFTER
RECEIVING NOTICE OF THE OPENING OF THE FACILITY, WHICHEVER COMES
LATER, IN THE EVENT THE SERVICES OR FACILITIES ARE NOT AVAILABLE
SUBSTANTIALLY AS DESCRIBED IN THE AGREEMENT.

(b)  If the buyer cancels under this section, the health
club facility shall refund any deposit, down payment, or payment

on the agreement] INCLUDING ANY INITIATION, DEPOSIT,

MEMBERSHIP, OR OTHER FEES.

[14-12B-04.] 14-12B-05 14-12B-06.

(a)  A health club services agreement may not contain an
automatic renewal clause, unless the agreement provides for a
renewal option for continued membership which must be accepted AT
THE TERMINATION OF THE CONTRACT by the buyer.

(b)  (1) [A] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, A buyer described in § 14-12B-01(b)(1)(i) of this
subtitle may cancel a health club services agreement within 3
business days after receipt of a copy of the agreement by
notifying the health club in writing. Written notification shall
be delivered in person or by certified mail, return receipt
requested, bearing a postmark from the United States Postal
Service, and if mailed shall be postmarked by midnight of the
third business day.