§ 59.1-296.2:1. Prepayment contracts; prohibited practices; relocation; refund
A. No health spa shall sell a health spa contract on a prepayment basis without disclosing in the contract the date on which the health spa shall open. The opening date shall not be later than 12 months from the signing of the contract.
B. No health spa shall close or relocate without first giving notice to the Commissioner and conspicuously posting a notice both within and outside each entrance to the health spa facility being closed or relocated of the closing or relocation date. Such notice shall be provided at least 30 days prior to the closing or relocation date. If a relocation is to occur, the Commissioner and the health spa facility's members shall be provided with the address of the specific new location at the time of this notice.
C. No health spa shall knowingly and willfully make any false statement in any registration application, statement, report or other disclosure required by this chapter.
D. No health spa shall refuse or fail, after notice from the Commissioner, to produce for the Commissioner's review any of the health spa's books or records required to be maintained by this chapter.
E. Unless it so discloses fully in ten-point bold-faced type or larger on the face of each health spa contract, no health spa shall sell any health spa contract if any owner of the spa, regardless of the extent of his ownership, previously owned in whole or in part a health spa that closed for business and failed to:
1. Refund all moneys due to holders of health spa contracts; or
2. Provide comparable alternate facilities at another health spa that agreed in writing to honor all provisions of the health spa contracts.
F. No health spa that has failed to provide the Commissioner the appropriate surety pursuant to § 59.1-306 shall sell a health spa contract unless that contract contains a statement that reads as follows: "This spa is not permitted, pursuant to the Virginia Health Spa Act, to accept any initiation fee in excess of $125 or any payment for more than the prorated monthly fee for the month when the contract is initially executed plus one full month in advance."
Such disclosure shall be printed in ten-point bold-faced type or larger on the face of each contract.
(1990, cc. 392, 433; 1993, c. 686; 2003, c. 344; 2004, c. 988.)
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