South Carolina § 44-79-40 Prohibited contractual provisions.

South Carolina Statutes

§ 44-79-40 — Prohibited contractual provisions.

South Carolina § 44-79-40

Title 44HEALTH

Ch. 79PHYSICAL FITNESS SERVICES ACT

This text of South Carolina § 44-79-40 (Prohibited contractual provisions.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 44-79-40 (2026).

Text

No contract for physical fitness services may:

(1)have a duration of longer than twenty-four months, nor a duration measured by the life of the customer, the life of the center, or any similar indefinite term; provided, however, if a center demonstrates financial responsibility to the administrator of the Department of Consumer Affairs and has been in operation for five or more years in this State, it may offer contracts for physical fitness services for a duration of up to thirty-six months if approved in writing by the administrator;

(2)waive the required provisions of this chapter;

(3)provide that a right of action or defense of the customer may be cut off by assignment of the contract to a third person.

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No contract for physical fitness services may: (1) have a duration of longer than twenty-four months, nor a duration measured by the life of the customer, the life of the center, or any similar indefinite term; provided, however, if a center demonstrates financial responsibility to the administrator of the Department of Consumer Affairs and has been in operation for five or more years in this State, it may offer contracts for physical fitness services for a duration of up to thirty-six months if approved in writing by the administrator; (2) waive the required provisions of this chapter; (3) provide that a right of action or defense of the customer may be cut off by assignment of the contract to a third person.

Legislative History

HISTORY: 1985 Act No. 165, SECTION 1; 1986 Act No. 467, SECTION 2; 2008 Act No. 298, SECTION 1, eff upon approval (became law without the Governor's signature on June 12, 2008).