HARRY HUGHES, Governor

3313

(a) (1) If a buyer described in § 14-12B-01(b)(1)(i) of
this subtitle becomes disabled during the membership term, the
buyer is entitled to extend the membership contract for a period
equal to the duration of the disability.

(2) IN CASES OF PERMANENT DISABILITY, THE BUYER MAY
CANCEL THE MEMBERSHIP CONTRACT AND RECEIVE A PRO RATA REFUND OF
ANY MONEY PAID FOR SERVICES THAT HAD NOT BEE DELIVERED.

(b)  The provisions of subsection (a) of this section do not
apply unless the disability is confirmed by a physician and is
for a period longer than 3 months.

(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-04.1 14-12B-05 14-12B-06.