§ 24-5-7-16.5 — Refunds; options; repair and maintenance

Indiana § 24-5-7-16.5

• Jurisdiction: Indiana
• Art. 5: CONSUMER SALES
• Ch. 7: Health Spa Services

Text

5. (a) Except as provided in subsection (d),
if any of a health spa's facilities or services described in the contract are
no longer provided before full receipt of the services and use of
facilities for which the buyer contracted, the buyer is entitled to a
refund based on the total consideration proportional to the elapsed time
portion of the contract at the time of the unavailability, or may exercise
the option provided by subsection (b).
(b) A buyer has the option, instead of the proportional refund
provided in subsection (a), to choose to complete the unused portion of
the contract, including renewal periods, at another location that is
owned, controlled, affiliated with, or operated by the seller. A
modification of the contract must be made in writing.
(c) This section does not restrict a health spa's ability to:
(1) make improvements to the facilities or services; or
(2) replace a facility or service with a superior facility or service.
(d) If a health spa ceases to provide services or access to facilities
in order to perform regular maintenance or to repair equipment, a buyer
may not exercise the rights provided in subsection (a) or (b) until the
health spa has failed to provide services or access to facilities for a
continuous period of thirty (30) days. However, if a health spa that has
ceased to provide services or access to facilities in order to perform
regular maintenance or repair equipment is unable to resume providing
services or access to facilities within thirty (30) days due to
circumstances beyond the control of the operator of the health spa, a
buyer may not exercise the rights provided in subsection (a) or (b) until
the health spa has failed to provide services or access to facilities for
a continuous period of sixty (60) days.

Legislative History

As added by P.L.24-1989, SEC.18.