Session of 1999
By Representative Vickrey

  9             AN  ACT concerning consumer protection; relating to physical fitness
10             centers.
12       Be it enacted by the Legislature of the State of Kansas:
13             Section  1. As used in this act:
14             (a) "Physical fitness center" or "center" means any person or business
15       entity offering physical fitness services to the public;
16             (b) "physical fitness services" or "services" includes instruction, train-
17       ing or assistance in physical culture, body-building, exercising, weight
18       reducing, figure development, judo, karate, self-defense training or any
19       similar activity; use of the facilities of a physical fitness center for any of
20       those activities; or membership in any group formed by a center for any
21       of these activities; and
22             (c) "business day" means any day on which the facility is open for
23       business.
24             Sec.  2. The provisions of this act shall not apply to governmental and
25       not-for-profit entities.
26             Sec.  3. (a) Every contract for physical fitness services shall be in writ-
27       ing and shall be subject to this act. All provisions, requirements and pro-
28       hibitions which are mandated by this act shall be contained in the written
29       contract before it is signed by the customer. A copy of the written contract
30       shall be given to the customer at the time the customer signs the contract.
31             (b) Every contract for physical fitness services shall set forth the cus-
32       tomer's total payment obligation for services to be received pursuant to
33       this contract.
34             (c) Every contract for physical fitness services shall provide that:
35             (1) The contract may be canceled by the customer within three busi-
36       ness days after the first business day after the contract is signed by the
37       customer, and that all moneys paid pursuant to such contract shall be
38       refunded to the customer. A customer purchasing a plan at a facility which
39       has not yet opened for business at the time the contract is signed, or who
40       does not purchase a contract at an existing facility, shall have seven cal-
41       endar days in which to cancel the contract and receive a full refund of all
42       moneys paid;
43             (2) in the event of the relocation of a customer's residence to farther
44       than 50 miles from the center's facilities, and upon the failure of the
45       original center to designate another center, with comparable facilities and
46       services within 50 miles of the customer's new residence, which agrees
47       to accept the original center's obligations under the contract, the cus-
48       tomer may cancel the contract and shall be liable for only that portion of
49       the charges allocable to the time before reasonable evidence of such re-
50       location is presented to the center, plus a reasonable fee if so provided
51       in the contract, but such fee shall not exceed 10% of the unused balance,
52       or $50, whichever is less; and
53             (3) if the customer, because of death or disability, is unable to use or
54       receive all services contracted for, the customer, or the customer's estate
55       as the case may be, shall be liable for only that portion of the charges
56       allocable to the time prior to death or the onset of disability. The center,
57       in such event, shall have the right to require and verify reasonable evi-
58       dence of such death or disability.
59             (d) Every contract for physical fitness services shall provide that no-
60       tice of cancellation pursuant to subsection (c) shall be made in writing
61       and delivered by certified or registered mail to the center at the address
62       specified in the contract. All refunds to which a customer or the cus-
63       tomer's estate is entitled shall be made within 30 days of receipt by the
64       center of the cancellation notice.
65             (e) The customer's rights to cancel under this section shall be in ad-
66       dition to any other contract rights or remedies otherwise provided by law.
67             Sec.  4. No contract for physical fitness services shall require a cus-
68       tomer to make any initial deposit or similar initial payment to begin serv-
69       ices at the center which is greater than the total the customer would be
70       charged for six months of such services or for six months of such services
71       on a pro-rated basis if the center charges fees on other than a monthly
72       basis.
73             Sec.  5. This act shall be part of and supplemental to the Kansas con-
74       sumer protection act and violation of any portion of this act shall be
75       considered an unconscionable act or practice pursuant to K.S.A. 50-627
76       and amendments thereto.
77        Sec.  6. This act shall take effect and be in force from and after its
78       publication in the statute book.