HARRY HUGHES, Governor

3315

(I)  A CLEAR AND CONSPICUOUS ITEMIZED
DESCRIPTION OF ANY FEES AND CHARGES; AND

(II)  IF THE FACILITY IS NOT IN OPERATION, THE
EXPECTED DATE OF OPENING ; AND A DESCRIPTION OF THE SPECIFIC
SERVICES AND FACILITIES THAT WILL BE AVAILABLE UPON OPENING.

(III) IN THE CASE OF A BONDED HEALTH CLUB, THE
NAME AND ADDRESS OF THE SURETY AND A DESCRIPTION OF THE CLAIMS
PROCEDURE; AND

(IV) WHERE A LETTER OF CREDIT HAS BEEN POSTED,
THE PROCEDURE TO FILE A CLAIM WITH THE DIVISION.

(6) THE SELLER OF HEALTH CLUB SERVICES SHALL INFORM
THE BUYER ORALLY OF THE RIGHT TO CANCEL AT THE TIME THE AGREEMENT
IS EXECUTED.

(7) ANY PERSON ATTEMPTING TO COLLECT MONEYS DUE FOR
HEALTH CLUB SERVICES SHALL DISCLOSE TO THE CONSUMER ORALLY, AND
ON ALL COLLECTION CORRESPONDENCE, WHETHER THE COLLECTION AND
HEALTH CLUB FACILITY ARE OWNED, OPERATED, OR MANAGED, IN WHOLE OR
IN PART, BY THE SAME PERSON.

14-12B-06 14-12B-07.

(A) ON CLOSING A FACILITY ON THE PERMANENT CLOSING OF A
FACILITY OR BANKRUPTCY BY THE SELLER, THE SELLER OF THE HEALTH
CLUB SERVICES SHALL PROVIDE THE FOLLOWING INFORMATION TO THE
DIVISION WITHIN 15 BUSINESS DAYS:

(1)  A LIST OF THE NAMES AND ADDRESSES OF ALL MEMBERS
OF THE HEALTH CLUB;

(2)  A DESCRIPTION OF THE TERMS OF EACH HEALTH CLUB
SERVICES AGREEMENT THE ORIGINAL OR A COPY OF ALL MEMBERSHIP
AGREEMENTS; AND

(3) THE AMOUNT OF REFUND TO WHICH EACH MEMBER IS
ENTITLED A RECORD OF ALL PAYMENTS RECEIVED UNDER THE MEMBERSHIP
AGREEMENTS.

(B) IN THE CASE OF A SELLER THAT IS A CORPORATE ENTITY,
EACH OFFICER AND DIRECTOR OF THE CORPORATION SHALL BE JOINTLY AND
SEVERALLY RESPONSIBLE TO DELIVER THE LIST UNDER SUBSECTION (A) OF
THIS SECTION.

(C)(1) ANY PERSON WHO IS REQUIRED TO PRODUCE A LIST UNDER
SUBSECTION (A) OF THIS SECTION AND FAILS TO PRODUCE THE LIST
SHALL BE LIABLE FOR A CIVIL PENALTY OF $1,000 FOR EACH WEEK THAT
THE INFORMATION IS WITHHELD.

(2) THE PENALTY MAY BE COLLECTED BY THE DIVISION
THROUGH PROCEEDINGS UNDER § 13-403 OR § 13-406 OF THIS ARTICLE.