W. Va. Code R. § 142-13-5

Current through Register Vol. XLI, No. 25, June 21, 2024

Section 142-13-5 - Cancellation of Contracts

5.1. A member may cancel a contract before the fourth business day after the date on which the contract is executed by notifying the health spa of the cancellation in writing. Written notification is considered given if the notification is mailed to the home office of the health spa and postmarked not later than midnight of the third business day after execution of the contract. The health spa shall refund all money paid to the purchaser exercising the right to cancel within seven days of the cancellation.

5.2. A member may cancel a contract on written notice by mail to the home office of the health spa if the health spa goes out of business and fails to provide comparable facilities within ten miles or moves its facilities more than ten miles from the location in which the member is enrolled. A member may cancel a contract in the same manner if the health spa fails to provide advertised services. If a contract is cancelled under this subsection, the member is liable for an amount equal to the value of services received and facilities used under the contract up to the date of the cancellation, and if the member has paid money under the contract in excess of that amount the health spa shall promptly refund to the member the excess within twenty days of the cancellation.

5.3. A purchaser of a membership or the legal representative of a purchaser may cancel a contract if the member dies or becomes totally and permanently disabled after the date on which the contract takes effect. The purchaser remains liable for an amount equal to the value of services received and facilities used by the member under the contract up to the day on which the death occurred or the disability was incurred. The health spa shall make a pro rata refund of funds paid under the contract in an amount based on the time remaining in the contract term up to a maximum of 50 percent of the total contract amount. The health spa may require a purchaser or the purchaser's estate to provide reasonable proof of total and permanent disability or death.

W. Va. Code R. § 142-13-5