Sec. 702.402. PROHIBITED ACTS. (a) A seller or certificate holder may not:
(1) offer a special offer or discount to fewer than all prospective members of the health spa, except that a seller or certificate holder may offer a special group price or discount; or
(2) make a material misrepresentation to a member, prospective member, or purchaser regarding:
(A) the qualifications of the health spa staff;
(B) the availability, quality, or extent of the facilities or services of the health spa;
(C) the results obtained through exercise, diet, weight control, or physical fitness conditioning programs;
(D) membership rights; or
(E) the period during which a special offer or discount will be available.
(b) A certificate holder may not:
(1) fail or refuse to:
(A) file or amend an application for registration as required by Subchapter C;
(B) file or post, or maintain, the security required by Subchapter D; or
(C) deposit prepayments in an escrow account as required by Subchapter H;
(2) advertise that the certificate holder is bonded by the state; or
(3) sell a membership plan that is not included in the list required by Section 702.302(a).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
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