Okla. Stat. tit. 59, § 59-2005
This is the official text of Okla. Stat. tit. 59, § 59-2005, part of Oklahoma’s Stat. tit. 59, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 59,." Browse the sections below, each linked to its official government source.
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Delivery of contract or membership agreement to buyer -
Official statutory text
Form and contents of contracts or membership or agreement - Term -
Other laws - Void or voidable contract or membership agreement -
Waiver - Notice of liability.
A. A copy of every health spa contract or membership agreement
shall be delivered to the buyer at the time the contract or
membership agreement is executed. All health spa contracts or
membership agreements shall:
1. be in writing, signed by the buyer;
2. designate the date on which the buyer actually signed the
contract or membership agreement and length of membership;
3. identify services and facilities to be provided;
4. contain the provisions set forth in Section 6 of this act
under a conspicuous caption: "BUYER'S RIGHT TO CANCEL"; and
5. read substantially as follows:
If you wish to cancel this contract or membership agreement, you
may cancel by making or delivering written notice to this health
spa. The notice must say that you do not wish to be bound by the
contract or membership agreement and must be delivered or mailed
before midnight of the third business day after you sign this
contract or membership agreement. The notice must be delivered or
mailed to:
(Health spa shall insert its name and mailing address)
You may also cancel this contract or membership agreement if
this spa moves or goes out of business and fails to provide
alternative facilities within eight (8) miles of the location
designated in this contract or membership agreement. You may also
Oklahoma Statutes - Title 59. Professions and Occupations Page 1406
cancel if you become disabled; and your estate may cancel in the
event of your death. You must prove such disability by a doctor's
certificate, and the health spa may also require that you submit to
a physical examination by a doctor agreeable to you and the health
spa. If you cancel, the health spa may retain or collect a portion
of the contract or membership agreement price equal to the
proportionate value of the services or use of facilities you have
already received.
B. No health spa contract or membership agreement shall have a
duration for a period longer than thirty-six (36) months, however,
the contract or membership agreement may give the buyer a right of
renewal.
C. The provisions of the Oklahoma Health Spa Act are not
exclusive and do not relieve the parties or the contracts or
membership agreements subject thereto from compliance with all other
applicable provisions of law.
D. Any health spa contract or membership agreement which does
not comply with the applicable provisions of the Oklahoma Health Spa
Act shall be voidable at the option of the buyer.
E. Any health spa contract or membership agreement entered into
by the buyer upon any false or misleading information,
representation, notice or advertisement of the health spa or the
health spa's agents shall be void and unenforceable.
F. Any waiver by the buyer of the provisions of the Oklahoma
Health Spa Act shall be deemed contrary to public policy and shall
be void and unenforceable.
G. All health spa contracts or membership agreements and any
promissory note executed by the buyer in connection therewith shall
contain the following provision on the face thereof in at least ten-
point, boldface type:
NOTICE
ANY HOLDER OF THIS CONTRACT OR MEMBERSHIP AGREEMENT IS SUBJECT TO
ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE
SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF.
RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY
THE DEBTOR HEREUNDER.
Other laws - Void or voidable contract or membership agreement -
Waiver - Notice of liability.
A. A copy of every health spa contract or membership agreement
shall be delivered to the buyer at the time the contract or
membership agreement is executed. All health spa contracts or
membership agreements shall:
1. be in writing, signed by the buyer;
2. designate the date on which the buyer actually signed the
contract or membership agreement and length of membership;
3. identify services and facilities to be provided;
4. contain the provisions set forth in Section 6 of this act
under a conspicuous caption: "BUYER'S RIGHT TO CANCEL"; and
5. read substantially as follows:
If you wish to cancel this contract or membership agreement, you
may cancel by making or delivering written notice to this health
spa. The notice must say that you do not wish to be bound by the
contract or membership agreement and must be delivered or mailed
before midnight of the third business day after you sign this
contract or membership agreement. The notice must be delivered or
mailed to:
(Health spa shall insert its name and mailing address)
You may also cancel this contract or membership agreement if
this spa moves or goes out of business and fails to provide
alternative facilities within eight (8) miles of the location
designated in this contract or membership agreement. You may also
Oklahoma Statutes - Title 59. Professions and Occupations Page 1406
cancel if you become disabled; and your estate may cancel in the
event of your death. You must prove such disability by a doctor's
certificate, and the health spa may also require that you submit to
a physical examination by a doctor agreeable to you and the health
spa. If you cancel, the health spa may retain or collect a portion
of the contract or membership agreement price equal to the
proportionate value of the services or use of facilities you have
already received.
B. No health spa contract or membership agreement shall have a
duration for a period longer than thirty-six (36) months, however,
the contract or membership agreement may give the buyer a right of
renewal.
C. The provisions of the Oklahoma Health Spa Act are not
exclusive and do not relieve the parties or the contracts or
membership agreements subject thereto from compliance with all other
applicable provisions of law.
D. Any health spa contract or membership agreement which does
not comply with the applicable provisions of the Oklahoma Health Spa
Act shall be voidable at the option of the buyer.
E. Any health spa contract or membership agreement entered into
by the buyer upon any false or misleading information,
representation, notice or advertisement of the health spa or the
health spa's agents shall be void and unenforceable.
F. Any waiver by the buyer of the provisions of the Oklahoma
Health Spa Act shall be deemed contrary to public policy and shall
be void and unenforceable.
G. All health spa contracts or membership agreements and any
promissory note executed by the buyer in connection therewith shall
contain the following provision on the face thereof in at least ten-
point, boldface type:
NOTICE
ANY HOLDER OF THIS CONTRACT OR MEMBERSHIP AGREEMENT IS SUBJECT TO
ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE
SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF.
RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY
THE DEBTOR HEREUNDER.
Status: in_force · Read it on the official government site
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