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Public Act 103-0838
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| HB4911 Enrolled | LRB103 36652 SPS 66761 b |
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AN ACT concerning business.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Physical Fitness Services Act is amended by |
changing Section 6 as follows:
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(815 ILCS 645/6) (from Ch. 29, par. 56) |
Sec. 6. Contract requirements: cancellation and refund. |
(a) Every contract for physical fitness services shall provide |
that: (1) the contract may be cancelled by the customer within |
3 business days after the first business day after the |
contract is signed by the customer, and that all monies paid |
pursuant to said contract shall be refunded to the customer. |
For the purposes of this Section, business day shall mean any |
day on which the facility is open for business. A customer |
purchasing a plan at a facility which has not yet opened for |
business at the time the contract is signed, or who does not |
purchase a contract at an existing facility, shall have seven |
calendar days in which to cancel the contract and receive a |
full refund of all monies paid. The customer's rights to |
cancel described herein are in addition to any other contract |
rights or remedies provided by law; (2) in the event of the |
relocation of a customer's residence to farther than 25 miles |
from the center's facilities, and upon the failure of the |
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original center to designate a center, with comparable |
facilities and services within 25 miles of the customer's new |
residence, which agrees to accept the original center's |
obligations under the contract, the customer may cancel the |
contract and shall be liable for only that portion of the |
charges allocable to the time before reasonable evidence of |
such relocation is presented to the center, plus a reasonable |
fee if so provided in the contract, but such fee shall not |
exceed 10% of the unused balance, or $50, whichever is less; |
and (3) if the customer, because of death or disability, is |
unable to use or receive all services contracted for, the |
customer, or his estate as the case may be, shall be liable for |
only that portion of the charges allocable to the time prior to |
death or the onset of disability. The center shall in such |
event have the right to require and verify reasonable evidence |
of such death or disability. |
(b) Every contract for physical fitness services shall |
provide that notice of cancellation pursuant to subsection (a) |
of this Section shall be made in writing and delivered by |
certified or registered mail to the center at the address |
specified in the contract, online at the center's website that |
the contract was entered into, if the contract was entered |
into online, or by the email address provided in the contract, |
if an email address was provided. All refunds to which a |
customer or his estate is entitled shall be made within 30 days |
of receipt by the center of the cancellation notice. |
