Code of Virginia - Title 59.1 Trade And Commerce - Chapter 24 Virginia Health Spa Act

59.1-294 Short title
This chapter shall be known and may be cited as the "Virginia Health Spa Act." (1984, c. 738.) ...
59.1-295 Statement of purpose
The purpose of this chapter is to safeguard the public interest against fraud, deceit, and financial hardship, and to foster and encourage competition, fair dealing ...
59.1-296 Definitions
As used in this chapter: "Business day" means any day except a Sunday or a legal holiday. "Buyer" means a natural person who enters into ...
59.1-296.1 Registration; fees
A. It shall be unlawful for any health spa to offer, advertise, or execute or cause to be executed by the buyer any health spa ...
59.1-296.2 Contracts sold on prepayment basis
Each health spa selling contracts or health spa services on a prepayment basis shall notify the Commissioner of the proposed location of the spa for ...
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 ...
59.1-296.3 Initiation fees
Whenever a refund is due a buyer, any initiation fee charged by a health spa shall be prorated over the life of the contract or ...
59.1-297 Right of cancellation
A. Every health spa contract for the sale of health spa services may be cancelled under the following circumstances: 1. A buyer may cancel the ...
59.1-297.1 Payment and calculation of refunds
A. All refunds for cancellation of membership shall be paid within 30 days of the health spa's receipt of written notice of cancellation by the ...
59.1-297.2 Automatic termination of a health spa contract
A health spa contract shall be considered terminated automatically if the health spa facility goes out of business; provided that both the health spa and ...
59.1-298 Notice to buyer
A copy of the executed health spa contract shall be delivered to the buyer at the time the contract is executed. All health spa contracts ...
59.1-299 Duration of contract
No health spa contract shall have a duration for a period longer than thirty-six months, including any renewal period; however, a health spa contract may ...
59.1-300 Provisions of this chapter not exclusive
The provisions of this chapter are not exclusive and do not relieve the parties or the contracts subject thereto from compliance with all other applicable ...
59.1-301 Noncomplying contract voidable
Any health spa contract which does not comply with the applicable provisions of this chapter shall be voidable at the option of the buyer. (1984, ...
59.1-302 Fraud rendering contract void
Any health spa contract entered into by the buyer upon any false or misleading information, representation, notice or advertisement of the health spa or the ...
59.1-303 Waiver of provisions void and unenforceable
Any waiver by the buyer of the provisions of this chapter shall be deemed contrary to public policy and shall be void and unenforceable. (1984, ...
59.1-304 Notice of preservation of buyers' rights
All health spa contracts and any promissory note executed by the buyer in connection therewith shall contain the following provision on the face thereof in ...
59.1-305 Prohibition against assignment of health spa contract cutting off buyer's right of action or defens...
Whether or not the health spa has complied with the notice requirements of § 59.1-304, any right of action or defense arising out of a ...
59.1-306 Bond or letter of credit required; exception
A. Every health spa, before it enters into a health spa contract and accepts any moneys in excess of the prorated monthly fee for the ...
59.1-307 Bond or letter of credit; persons protected
A. The bond or letter of credit required by § 59.1-306 shall be in favor of the Commonwealth for the benefit of (i) any buyer ...
59.1-308 Change in ownership of health spa
For purposes of this chapter, a health spa shall be considered a new health spa and subject to the requirements of a bond or letter ...
59.1-308.1 Production of records
Every health spa, upon the written request of the Commissioner, shall make available to the Commissioner its prepayment bank account records and all membership contracts ...
59.1-308.2 Investigations
A. The Commissioner may: 1. Make necessary public or private investigations within or without this Commonwealth to determine any violations of the provisions of this ...
59.1-309 Enforcement; penalties
Any violation of the provisions of this chapter shall constitute a prohibited practice pursuant to the provisions of § 59.1-200 and shall be subject to ...
59.1-310 Applicability
Sections 59.1-297, 59.1-298, 59.1-299, 59.1-304 and 59.1-305 shall not apply to health spa contracts entered into before the effective date of this chapter. (1984, c. ...

Last modified: April 3, 2009