{"data":{"id":"us-ky/krs-367.910","jurisdiction":"us-ky","citation":"KRS 367.910","heading":"Written contract -- Contents.","body":"(1) A fully completed copy of each contract shall be delivered to the buyer at the time\nthe contract is signed.  Every contract must constitute the entire agreement between\nthe seller and the buyer, must be in writing, and must be signed by the member.\n(2) Each contract shall state in at least ten (10) point bold faced type the following:\n\"NOTICE TO BUYER:  DO NOT SIGN THIS CONTRACT UNTIL YOU\nHAVE READ ALL OF IT.  ALSO, DO NOT SIGN THIS CONTRACT IF IT\nCONTAINS ANY BLANK SPACES.\"\n(3) Every purchaser of a membe rship shall be entitled to cancel his or her contract\nwithin three (3) business days by notifying the health spa in writing by midnight of\nthe third business day following the date of purchase of the membership contract.\nWritten notification is deemed giv en if mailed or delivered by midnight of the third\nbusiness day.  All money collected pursuant to the contract shall be refunded to the\npurchaser exercising the right to cancel.\n(4) In addition to the cancellation rights stated in subsection (3) of this se ction, a\nmember shall be entitled to cancellation and to a full or partial refund of the\ncontract price as follows:\n(a) A member shall be entitled to cancel if, because of death or medical disability,\nthe member becomes unable to use a substantial portion of the facilities or\nservices for thirty (30) or more consecutive days. Upon receipt of written\nnotice from the member, or from the representative of the member's estate, the\nhealth spa shall pay a refund in an amount computed by dividing the contract\nprice by the number of weeks in the contract term and multiplying the result\nby the number of weeks remaining in the contract term. Members shall only\nreceive refunds of money actually paid to the spa by them, or on their behalf.\nIn the case of medical disabil ity, the health spa may require the member to\nsubmit to an examination by a medical doctor agreeable to both the member\nand the health spa. The cost of the examination shall be borne by the health\nspa.\n(b) A member shall be entitled to cancel if the health  spa relocates more than five\n(5) miles from the location designated in the health spa contract. Upon receipt\nof written notice from the member, the health spa shall pay a refund to the\nmember in an amount computed as provided in subsection (4)(a) of this\nsection.\n(c) A member shall be entitled to cancel if the member relocates twenty -five (25)\nmiles or more from the residence stated in the contract, and the spa cannot\nprovide comparable alternative facilities and services within five (5) miles of\nthe member's new residence. Upon written notice from the member, the health\nspa shall pay a refund in an amount computed as provided in subsection (4)(a)\nof this section. The health spa may require written verification of the new\nresidence, such as a lease, deed, or utility bill.\n(d) If the health spa fails to open for business within ninety (90) days from the\nsale of the first contract, becomes insolvent, or ceases operation, all\nmembership contracts shall be deemed canceled and the spa shall pay refunds\nto its mem bers. No notification from any member shall be required. Refunds\nshall be given in an amount computed as provided in subsection (4)(a) of this\nsection.\n(5) If written notice of cancellation is required in subsection (4) of this section, the\nmember shall no tify the health spa in writing, by certified mail, return receipt\nrequested, or by personal delivery, to the address stated in the health spa contract.\nAll moneys to be refunded shall be paid within thirty (30) days of receipt of the\ncancellation notice.\n(6) If a refund is required by this section and the member has executed any credit or\nloan agreement with the health spa to pay for use of all or part of the facilities and\nservices, that agreement shall be canceled and returned within the same time period\nas required for the refund.\n(7) Each contract shall contain the following notice in at least ten (10) point bold faced\ntype:\n\"IF WITHIN THREE (3) BUSINESS DAYS YOU DECIDE YOU DO NOT WISH TO\nREMAIN A MEMBER OF THIS HEALTH SPA, YOU MAY CANCEL THIS\nAGREEMENT BY MAILING A NOTICE TO THE HEALTH SPA BY MIDNIGHT OF\nTHE THIRD BUSINESS DAY FOLLOWING YOUR PURCHASE OF THE\nCONTRACT STATING YOUR DESIRE TO CANCEL THIS CONTRACT.  THE\nWRITTEN NOTICE SHOULD BE MAILED TO THE FOLLOWING ADDRESS:\"\n(address of the health spa)\n\"ADDITIONAL CANCELLATION RIGHTS:\nYou may also cancel this contract if any of the following occur:\n(a) You may cancel if, because of death or medical disability, you become unable\nto use a substantial portion of the spa's facilities or services for thirty (30) or more days.\nIn the event of medical disability, you must provide the spa with a doctor's statement. In\naddition, the spa may require you to submit to a physical examination by a mutually\nagreeable medical doctor, at its cost. Your estate may cancel in the event of your death.\n(b) You may cancel if the spa relocates more than five (5) miles from the location\nstated in the contract.\n(c) You may cancel if you relocate more tha n twenty-five (25) miles from your\nresidence as stated in the contract, and the spa cannot provide comparable facilities and\nservices within five (5) miles of your new residence. The spa may require written\nverification of your new residence, such as a lease, deed or utility bill.\nIN ORDER TO EXERCISE THESE ADDITIONAL CANCELLATION RIGHTS, YOU\nMUST NOTIFY THE SPA IN WRITING, BY CERTIFIED MAIL, RETURN RECEIPT\nREQUESTED, OR BY PERSONAL DELIVERY, TO THE ADDRESS STATED\nABOVE. ALL MONEYS TO BE REFUNDED SHALL BE P AID TO YOU WITHIN\nTHIRTY (30) DAYS AFTER THE SPA'S RECEIPT OF THE CANCELLATION\nNOTICE.\"","path":["KRS Chapter 367"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=35104","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:06Z","sha256":"99d771dad8e98f057d2e11f46532c5ba88609a92ac04b605cf8f2a82a773079f","source_id":"us-ky","stale":false,"prev":"us-ky/krs-367.906","next":"us-ky/krs-367.911"},"notice":"GroundRules: Original legal text. Not legal advice."}