§ 21a-219 — (Formerly Sec. 19-341d). Term of contract. Renewal.

Connecticut § 21a-219

• Jurisdiction: Connecticut
• Title 21a: Consumer Protection
• Ch. 420: Health Clubs

Text

(a) No health club contract shall have a term for a period longer than twenty-four months. If a health club offers a contract of more than twelve months' term, it shall offer a twelve-month contract. If a health club sells a membership contract of more than twelve months' term, the health club shall not collect payment, in cash or its equivalent of more than fifty per cent of the entire consideration for the contract in advance of rendering services. The remainder of the cost of the contract shall be collected by the health club on a pro rata monthly basis during the term of the health club contract. Each contract shall have the prices for all contracts printed thereon. (b) Written notice that a contract will automatically renew shall be provided by the health club to the consumer at the time of entering into the contract. Such notice shall be conspicuously printed on the first page of the contract and shall be provided in fourteen-point bold type. No contract shall contain an automatic renewal clause except for a renewal for a period not to exceed one month. If such contract contains such a one-month automatic renewal clause, such renewal shall become effective only upon payment of the renewal price and such contract shall permit the buyer to cancel any further renewal upon no more than one month's notice. The price of any such renewal shall not increase or decrease unless the contract: (1) Discloses the amount of such increase or decrease or the method of calculating such increase or decrease in the price of such renewal, or (2) such information is otherwise provided to the buyer, in writing, no less than one month prior to such renewal. Any renewal option for continued membership shall be accepted by the buyer in writing, by electronic mail or facsimile and shall become effective only upon payment of the renewal price. (c) Each health club shall post the prices and the three-day cancellation provisions, the disability provisions and the twenty-five mile moving provisions of all contracts in a conspicuous place where the contract is entered into. If a contract is presented to a consumer exclusively in an electronic format, the three-day cancellation and disability provisions shall: (1) Be presented to the consumer in a separate document in electronic or paper form, and (2) include an acknowledgment by the consumer that the consumer has received such provisions. Both the contract and the document including the cancellation provisions, disability provisions and acknowledgment shall be executed as part of a single transaction.

Legislative History

(P.A. 76-262, S. 4; P.A. 77-585, S. 4; P.A. 78-116, S. 2; P.A. 84-531, S. 4; P.A. 90-96, S. 4; P.A. 05-158, S. 4; P.A. 21-37, S. 40; P.A. 24-142, S. 21.) History: P.A. 77-585 added posting of three-day cancellation provisions, disability provisions and 25-mile moving provisions of contracts and required posting “where the contract is entered into” rather than “on the health club's premises”, replaced 3-year, 2-year and 1-year contracts with contracts of more than 24 months' duration, of 24 months and 12 months and added provision re renewals; P.A. 78-116 required offer of 12-month contract if contract longer than that is offered, replacing provision that 12-month contract be offered if a contract of more than 12 months' duration and less than 24 months' duration is offered; Sec. 19-341d transferred to Sec. 21a-219 in 1983; P.A. 84-531 changed the outer limit of a health club contract from 36 to 24 months; P.A. 90-96 divided section into Subsecs., prohibited the advance payment of over 50% of the cost of the contract under some circumstances and moved provision re posting of various contract provisions from Subsec. (a) to Subsec. (c); P.A. 05-158 amended Subsec. (a) to change “duration” to “term” and prohibit health club from collecting payment, in cash, or its equivalent of more than 50% of the entire consideration for the contract in advance of rendering services if health club sells a membership contract of more than 12 months' term, and amended Subsec. (b) to add provisions re 1-month automatic renewal clause and renewal price, to permit acceptance of renewal option by electronic mail or facsimile and to change “may” to “shall” re effectiveness of such option upon payment of renewal price, effective July 1, 2005; P.A. 21-37 amended Subsec. (b) to add provision requiring written notice of automatic renewal of contract at time of entering into contract and specifying placement and type of notice and to make a technical change; P.A. 24-142 amended Subsec. (c) by adding provisions re manner in which 3-day cancellation and disability provisions shall be presented to consumer if contract is presented to consumer exclusively in an electronic format, and adding requirement that contract and document including cancellation provisions, disability provisions and acknowledgment be executed as part of single transaction, effective June 6, 2024.