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| | HB4911 Engrossed | | LRB103 36652 SPS 66761 b |
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| 1 | | AN ACT concerning business.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Physical Fitness Services Act is amended by |
| 5 | | changing Section 6 as follows:
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| 6 | | (815 ILCS 645/6) (from Ch. 29, par. 56) |
| 7 | | Sec. 6. Contract requirements: cancellation and refund. |
| 8 | | (a) Every contract for physical fitness services shall provide |
| 9 | | that: (1) the contract may be cancelled by the customer within |
| 10 | | 3 business days after the first business day after the |
| 11 | | contract is signed by the customer, and that all monies paid |
| 12 | | pursuant to said contract shall be refunded to the customer. |
| 13 | | For the purposes of this Section, business day shall mean any |
| 14 | | day on which the facility is open for business. A customer |
| 15 | | purchasing a plan at a facility which has not yet opened for |
| 16 | | business at the time the contract is signed, or who does not |
| 17 | | purchase a contract at an existing facility, shall have seven |
| 18 | | calendar days in which to cancel the contract and receive a |
| 19 | | full refund of all monies paid. The customer's rights to |
| 20 | | cancel described herein are in addition to any other contract |
| 21 | | rights or remedies provided by law; (2) in the event of the |
| 22 | | relocation of a customer's residence to farther than 25 miles |
| 23 | | from the center's facilities, and upon the failure of the |
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| | HB4911 Engrossed | - 2 - | LRB103 36652 SPS 66761 b |
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| 1 | | original center to designate a center, with comparable |
| 2 | | facilities and services within 25 miles of the customer's new |
| 3 | | residence, which agrees to accept the original center's |
| 4 | | obligations under the contract, the customer may cancel the |
| 5 | | contract and shall be liable for only that portion of the |
| 6 | | charges allocable to the time before reasonable evidence of |
| 7 | | such relocation is presented to the center, plus a reasonable |
| 8 | | fee if so provided in the contract, but such fee shall not |
| 9 | | exceed 10% of the unused balance, or $50, whichever is less; |
| 10 | | and (3) if the customer, because of death or disability, is |
| 11 | | unable to use or receive all services contracted for, the |
| 12 | | customer, or his estate as the case may be, shall be liable for |
| 13 | | only that portion of the charges allocable to the time prior to |
| 14 | | death or the onset of disability. The center shall in such |
| 15 | | event have the right to require and verify reasonable evidence |
| 16 | | of such death or disability. |
| 17 | | (b) Every contract for physical fitness services shall |
| 18 | | provide that notice of cancellation pursuant to subsection (a) |
| 19 | | of this Section shall be made in writing and delivered by |
| 20 | | certified or registered mail to the center at the address |
| 21 | | specified in the contract, online at the center's website that |
| 22 | | the contract was entered into, if the contract was entered |
| 23 | | into online, or by the email address provided in the contract, |
| 24 | | if an email address was provided. All refunds to which a |
| 25 | | customer or his estate is entitled shall be made within 30 days |
| 26 | | of receipt by the center of the cancellation notice. |