Section 14-12B-05 - Cancellation right where facility fails to open for business by date specified(a) If a health club facility is not in existence on the date the health club services agreement is executed: (1) The buyer may cancel the contract in the event the facility is not open for business on the date as provided by the agreement; and(2) The buyer may cancel the contract within 3 business days after the opening of the facility, or after receiving notice of the opening of the facility, whichever comes later, in the event the services or facilities are not available substantially as described in the agreement.(b) If the buyer cancels under this section, the health club facility shall refund any deposit, down payment, or payment on the agreement including any initiation, deposit, membership, or other fees.