Sec. 21a-217. (Formerly Sec. 19-341b). Contracts for health club services.
Right of cancellation. Every contract for health club services shall provide that such
contract may be cancelled within three business days after the date of receipt by the
buyer of a copy of the contract, by written notice delivered by certified or registered
United States mail to the seller at an address which shall be specified in the contract.
After receipt of such cancellation, the health club may request the return of contract
forms, membership cards and any and all other documents and evidence of membership
previously delivered to the buyer. Cancellation shall be without liability on the part of
the buyer, except for the fair market value of services actually received and the buyer
shall be entitled to a refund of the entire consideration paid for the contract, if any, less
the fair market value of the services or use of facilities already actually received. Such
right of cancellation shall not be affected by the terms of the contract and may not be
waived or otherwise surrendered. Such contract for health club services shall also contain
a clause providing that if the person receiving the benefits of such contract relocates
further than twenty-five miles from a health club facility operated by the seller or a
substantially similar health club facility which would accept the seller's obligation under
the contract, or dies during the membership term following the date of such contract,
or if the health club ceases operation at the location where the buyer entered into the
contract, the buyer or his estate shall be relieved of any further obligation for payment
under the contract not then due and owing. The contract shall also provide that if the
buyer becomes disabled during the membership term, the buyer shall have the option
of (1) being relieved of liability for payment on that portion of the contract term for
which he is disabled or (2) extending the duration of the original contract at no cost to
the buyer for a period equal to the duration of the disability. The health club shall have
the right to require and verify reasonable evidence of relocation, disability or death. In
the case of disability, the health club may require that a doctor's certificate be submitted
as verification and may also require in such contract that the buyer submit to a physical
examination by a doctor agreeable to the buyer and the health club, the cost of which
examination shall be borne by the health club.
(P.A. 76-262, S. 2; P.A. 77-585, S. 2; P.A. 84-531, S. 2.)
History: P.A. 77-585 removed references to "permanent" disability and added special provision specifically stating
courses of action open to buyers who become disabled and included in contracts; Sec. 19-341b transferred to Sec. 21a-217 in 1983; P.A. 84-531 required a contract to include a provision providing that a buyer is relieved of further payment
if a health club ceases operation at the location where the buyer entered into the contract.
Sec. 21a-218. (Formerly Sec. 19-341c). Statement of buyer's rights. Form.
Buyer's cancellation. Seller's written confirmation. Buyer's disability. Refunds.
(a) A copy of the health club contract shall be delivered to the buyer at the time the
contract is signed. All health club contracts shall be in writing signed by the buyer, shall
designate the date on which the buyer actually signs the contract and shall contain a
statement of the buyer's rights which complies with this section. The statement must:
(1) Appear in the contract under the conspicuous caption: "BUYER'S RIGHT TO CANCEL", and (2) read as follows:
"If you wish to cancel this contract, you may cancel by mailing a written notice by
certified or registered mail to the health club. The notice must say that you do not wish
to be bound by this contract and must be delivered or mailed before midnight of the
third business day after you sign this contract. After you cancel, the health club may
request the return of all contracts, membership cards and other documents of evidence
of membership. The notice must be delivered or mailed to:
....
....
(Insert name and mailing address of health club.)
You may also cancel this contract if you relocate your residence further than twenty-five miles from any health club operated by the seller or from any other substantially
similar health club which would accept the obligation of the seller. This contract may
also be cancelled if you die, or if the health club ceases operation at the location where
you entered into this contract. If you become disabled, you shall have the option of (1)
being relieved of liability for payment on that portion of the contract term for which
you are disabled or (2) extending the duration of the original contract at no cost to you
for a period equal to the duration of the disability. You must prove such disability by a
doctor's certificate, which certificate shall be enclosed with the written notice of disability sent to the health club. The health club may require that you be examined by another
physician agreeable to you and the health club at its expense. If you cancel, the health
club may keep or collect an amount equal to the fair market value of the services or use
of facilities you have already received."
The full text of this statement shall be in ten-point bold type.
(b) If a buyer cancels a health club contract pursuant to the three-day cancellation
provision or as a result of having moved further than twenty-five miles, or as a result
of the health club ceasing operation at the location where the buyer entered into the
contract as provided by this chapter, the health club shall send the buyer a written confirmation of cancellation within fifteen days after receipt by the health club of the buyer's
cancellation notice. If the health club fails to send such written notice to the buyer within
fifteen days, the health club shall be deemed to have accepted the cancellation.
(c) (1) If the buyer notifies the health club that he has become disabled, the health
club shall notify the buyer in writing within fifteen days of receipt by the health club
of the buyer's notice of disability and any doctor's certificate which may be required
under subsection (a) of this section that: (A) The health club will not require the buyer
to submit to another physical examination; or (B) the health club requires the buyer to
submit to another physical examination and that the buyer's obligations under the contract are suspended pending determination of disability. If the health club fails to send
such written notice to the buyer within fifteen days, the health club shall be deemed to
have accepted the disability.
(2) If the health club requires the buyer to submit to another physical examination,
all obligations of the buyer for payment under the contract will be suspended as of the
date the health club receives notice of disability. The buyer's obligations will not resume
until such time as a determination is made, either by consent of the buyer and the health
club or through adjudicative proceedings, that disability does not exist.
(d) A buyer who is disabled may, at the buyer's option, extend the duration of the
original contract at no cost to the buyer for a period equal to the duration of the disability,
or remain liable for partial payment on the contract as follows:
(1) A buyer who is disabled for a period less than the full remaining term of the
contract shall only be liable for a pro-rata portion of the contract price equal to the total
number of weeks specified in the contract less the number of weeks after the date on
which the disability first occurred, the difference being divided by the total number of
weeks specified in the contract and the result of that division being multiplied by the
total contract price.
(2) A buyer who is disabled for the full remaining term of the contract shall only
be liable for a pro-rata portion of the contract price equal to the number of complete
weeks before the date the disability first occurred for which the services or facilities
were made available to the buyer divided by the total number of weeks specified in the
contract with the result being multiplied by the total contract price.
(3) If the reasonable probabilities are that the buyer will be disabled for the full
remaining term of the contract, and the buyer has elected not to extend the duration of
the contract as provided in this subsection, the health club shall cancel the buyer's
contract at the time such a determination is made and notify the buyer in writing that
the contract has been cancelled.
(4) Any money paid by the buyer which is in excess of the amount for which he is
liable under the provisions of this section shall be refunded by the seller to the buyer.
(5) A health club which received notice of disability from a buyer shall provide
such buyer with a written form which shall fully explain the buyer's options as set forth
in this subsection. Such form shall provide on it a location where the buyer shall indicate
in writing the option he has chosen. Such form shall be signed by the buyer and the
health club.
(e) In any cancellation of a health club service contract the buyer shall not be liable
for any payment to the seller if the services received by the buyer are as a result of a
representation by the health club to the buyer that such services are to be received free
or if the buyer received services at a health club as a result of a representation by the
health club to the buyer that such services are to be received at a reduced or discount
price, the buyer shall only be liable as a result of his cancellation for an amount equal
to that which was represented to the buyer that he would have to pay.
(f) Any refund to the buyer as a result of cancellation of the contract shall be delivered by the health club to the buyer within fifteen business days of receipt by the health
club of the notice of cancellation.
(P.A. 76-262, S. 3; P.A. 77-585, S. 3; P.A. 84-531, S. 3.)
History: P.A. 77-585 changed wording of buyer's rights statement, required that statement be in ten-point bold type
and added Subsecs. (b) to (f); Sec. 19-341c transferred to Sec. 21a-218 in 1983; P.A. 84-531 made cessation of operation
at the location where the customer entered into a contract grounds for cancellation of the contract, and specified the date
from which a pro rata portion of the contract price is calculated as "the date the disability first occurred" rather then the
date of "the commencement of disability".
Sec. 21a-219. (Formerly Sec. 19-341d). Duration of contract. Renewal. (a) No
health club contract shall have a duration for a period longer than twenty-four months.
If a health club offers a contract of more than twelve months' duration, it shall offer a
twelve-month contract. If a health club sells a membership contract of more than twelve
months' duration, the health club shall collect no 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) No contract shall contain an automatic renewal clause but may provide a renewal
option for continued membership, which option must be accepted by the buyer in writing
and may 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.
(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.)
History: P.A. 77-585 added posting of three-day cancellation provisions, disability provisions and twenty-five mile
moving provisions of contracts and required posting "where the contract is entered into" rather than "on the health club's
premises", replaced three-year, two-year and one-year contracts with contracts of more than twenty-four months' duration,
of twenty-four months and twelve months and added provision re renewals; P.A. 78-116 required offer of twelve-month
contract if contract longer than that is offered, replacing provision that twelve-month contract be offered if "a contract of
more than twelve months' duration and less than twenty-four 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 thirty-six to twenty-four months;
P.A. 90-96 divided section into Subsecs., prohibited the advance payment of over fifty per cent of the cost of the contract
under some circumstances and moved provision re posting of various contract provisions from Subsec. (a) to Subsec. (c).
Sec. 21a-220. (Formerly Sec. 19-341e). Negotiable promissory notes to be
clearly identified. Buyer's rights upon sale or discount. Time period for payment.
If the buyer's obligation is in the form of a negotiable promissory note, such contract
shall state in boldface type on the face page of said contract that the buyer's promissory
note may be discounted and sold to third parties to whom the buyer will become obligated
to make full payment. The selling or discounting of a negotiable promissory note which
represents the buyer's obligation under a health club service contract shall not affect
the right of the buyer to cancel the contract, the method by which cancellation may be
made, or the buyer's rights under section 52-572g or Section 433.1 et seq. of Title 16
of the Code of Federal Regulations, as they may from time to time be amended. When
a buyer's obligation is in the form of a promissory note, the time period for payment of
the note shall not exceed the duration of the health club contract.
(P.A. 76-262, S. 5; P.A. 77-585, S. 5; P.A. 90-96, S. 5.)
History: P.A. 77-585 added provision protecting buyers' rights despite selling or discounting of negotiable promissory
note; Sec. 19-341e transferred to Sec. 21a-220 in 1983; P.A. 90-96 added provision limiting the time period for payment
when buyer's obligation is in the form of a promissory note; (Revisor's note: In 1997 a reference to "bold-faced" type was
replaced editorially by the Revisors with "boldface" type for consistency with customary statutory usage).
Sec. 21a-221. (Formerly Sec. 19-341f). Listing of equipment and services. A
health club which intends to commence the sale of health club contracts, shall, prior to
commencing sale, compile a written list of each piece of equipment and each service
which it intends to have available for use by buyers and shall submit a copy of the list
to the Commissioner of Consumer Protection. Such list shall be included in any health
club contract. No health club shall be considered fully operative or established until
substantially all of the equipment and services so listed are actually available for use
by buyers. Each individual place of business of each health club shall be fully operative
or established prior to commencing the sale of health club contracts.
(P.A. 76-262, S. 6; P.A. 77-585, S. 6; P.A. 82-50, S. 2, 4; P.A. 83-292, S. 1, 3; P.A. 84-531, S. 5; June 30 Sp. Sess.
P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)
History: P.A. 77-585 replaced previous provision re permits for preopening sales campaigns with wholly new provisions
requiring listing of equipment and services and expanding provisions re preopening sales campaigns; P.A. 82-50 amended
Subsec. (b) by specifically requiring owners of more than one health club to obtain a preopening sales permit for each
establishment; Sec. 19-341f transferred to Sec. 21a-221 in 1983; P.A. 83-292 amended Subsec. (a) to apply to any health
club intending to commence sale of health club contracts, where prior law applied to any health club which had not
previously sold health club contracts; P.A. 84-531 required health clubs to submit a list of equipment and services to the
commissioner and to include such list in each health club contract and eliminated provisions which had allowed preopening
sales permits; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby
reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.
Sec. 21a-222. (Formerly Sec. 19-341g). Right of action. Remedies. (a) Any
buyer of a health club contract which is in material violation of this chapter has a right
to cancel the contract and a right of action against the health club for recovery of triple
the amount actually paid to the health club under the contract. In addition to any judgment
awarded to the buyer, the court may allow reasonable attorney's fees.
(b) A violation of any of the provisions of this chapter shall be deemed an unfair
or deceptive trade practice under subsection (a) of section 42-110b.
(P.A. 76-262, S. 7; P.A. 84-531, S. 6.)
History: Sec. 19-341g transferred to Sec. 21a-222 in 1983; P.A. 84-531 added Subsec. (b) which provides that violation
of any provision of chapter is an unfair or deceptive trade practice.
Cited. 231 C. 707, 727.
Sec. 21a-223. (Formerly Sec. 19-341h). License required. Fee. Renewal. Sanitary facilities. Suspension or revocation of license. (a) Each individual place of business of each health club shall obtain a license from the Department of Consumer Protection prior to the sale of any health club contract. Application for such license shall
be made on forms provided by the Commissioner of Consumer Protection and said
commissioner shall require as a condition to the issuance and renewal of any license
obtained under this chapter (1) that the applicant provide for and maintain on the premises of the health club sanitary facilities; (2) that the application be accompanied by (A)
a license or renewal fee of two hundred dollars, (B) a list of each piece of equipment
and each service which the applicant intends to have available for use by buyers during
the year of operations following licensure or renewal, and (C) two copies of each health
club contract which the applicant is currently using or intends to use; and (3) compliance
with the requirements of section 21a-226. Such licenses shall be renewed annually.
(b) No health club shall (1) engage in any act or practice which is in violation of or
contrary to the provisions of this chapter or any regulation adopted to carry out the
provisions of this chapter, including the use of contracts which do not conform to the
requirements of this chapter or (2) engage in conduct of a character likely to mislead,
deceive or defraud the buyer, the public or the commissioner. The Commissioner of
Consumer Protection may refuse to grant or renew a license to, or may suspend or revoke
the license of, any health club which engages in any conduct prohibited by this chapter.
(c) If the commissioner refuses to grant or renew a license of any health club, the
commissioner shall notify the applicant or licensee of the refusal, and of his right to
request a hearing within ten days from the date of receipt of the notice of refusal. If the
applicant or licensee requests a hearing within ten days, the commissioner shall give
notice of the grounds for his refusal and shall conduct a hearing concerning such refusal
in accordance with the provisions of chapter 54 concerning contested matters.
(d) The Attorney General at the request of the Commissioner of Consumer Protection is authorized to apply in the name of the state of Connecticut to the Superior Court
for an order temporarily or permanently restraining and enjoining any health club from
operating in violation of any provision of this chapter.
(P.A. 76-262, S. 8; P.A. 77-585, S. 7; P.A. 78-116, S. 1; P.A. 82-50, S. 3, 4; P.A. 83-292, S. 2, 3; P.A. 84-531, S. 7;
P.A. 94-36, S. 31, 42; June 30 Sp. Sess. P.A. 03-6, S. 146(c), (d); P.A. 04-169, S. 17; 04-189, S. 1.)
History: P.A. 77-585 deleted obsolete reference to obtaining license "on or before November 1, 1976", required as
condition of licensure maintenance of sanitary facilities and added Subsecs. (b) and (c) re refusal, suspension or revocation
of license and re court orders; P.A. 78-116 deleted reference to shower facilities in Subsec. (a); P.A. 82-50 amended Subsec.
(a) by specifically requiring owners of more than one health club to obtain a license for each establishment; Sec. 19-341h
transferred to Sec. 21a-223 in 1983; P.A. 83-292 added bond requirement for issuance or renewal of license; P.A. 84-531
specified, in Subsec. (a), that health clubs must be licensed before they sell any contracts, deleted provisions re posting of
surety bond, added exception to two hundred dollar fee for clubs commencing operation after April first, required that
license applications be accompanied by a list of equipment and services and required compliance with Sec. 21a-226,
amended Subsec. (b) to prohibit violation of chapter provisions and associated regulations and to prohibit conduct likely
to mislead, deceive or defraud buyers, added Subsec. (c) re procedure for notification of refusal to grant or renew license,
relettering former Subsec. (c) as (d) and substituting reference to court orders to prevent health clubs from violating chapter
provisions rather than to prevent them from operating without license or preopening sales permit; P.A. 94-36 amended
Subsec. (a) to eliminate prorated license application fees and the "October first" license renewal date, effective January
1, 1995; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Commissioner and Department of Consumer Protection
with Commissioner and Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed
Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer
Protection, effective June 1, 2004.
See Sec. 21a-10(b) re staggered schedule for license renewals.
Sec. 21a-224. (Formerly Sec. 19-341i). Regulations. The Commissioner of Consumer Protection shall adopt regulations in accordance with chapter 54 to carry out the
provisions of this chapter.
(P.A. 76-262, S. 9; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)
History: Sec. 19-341i transferred to Sec. 21a-224 in 1983; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of
Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189
repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and
Consumer Protection, effective June 1, 2004.
Sec. 21a-225. (Formerly Sec. 19-341j). Construction of chapter. Nothing contained in this chapter shall be construed as a limitation upon the power or authority of
the state, the Attorney General or the commissioner to seek administrative, legal or
equitable relief as provided by other statutes or at common law.
(P.A. 77-585, S. 8.)
History: Sec. 19-341j transferred to Sec. 21a-225 in 1983.
Sec. 21a-226. Connecticut Health Club Guaranty Fund. (a) The Commissioner
of Consumer Protection shall establish and maintain the Connecticut Health Club Guaranty Fund in accordance with the provisions of this section.
(b) Any health club which receives a license pursuant to section 21a-223 shall pay
a fee of five hundred dollars annually to the guaranty fund except that a health club
operated primarily for the purpose of teaching particular forms of self-defense or martial
arts that has annual gross revenues of less than one hundred thousand dollars shall pay
one hundred dollars annually to the guaranty fund.
(c) Payments received under subsection (b) of this section shall be credited to the
guaranty fund whenever the fund balance is less than three hundred fifty thousand dollars. Money in the fund may be invested or reinvested in the same manner as funds of
the state employees retirement system, and the interest derived from such investments
shall be credited to the guaranty fund whenever the fund balance is less than three
hundred fifty thousand dollars. Any such payments or interest not deposited in the guaranty fund shall be credited to the General Fund.
(d) If a health club is no longer in operation at the location where the buyer entered
into the contract, the buyer having a claim against said health club may apply to the
commissioner for payment of such claim from the guaranty fund, if the claim arises
from (1) failure to provide services, (2) failure to comply with its contract obligations,
(3) failure to remain open for the duration of its contracts, or (4) failure to comply with
any provision of this chapter. Such claim may be filed if the health club fails to make
payment of such claim.
(e) The commissioner shall provide forms for applications by buyers for payment
from the guaranty fund. The application shall include the name and address of the health
club, the beginning and ending date of the contract, the price of the contract, the date
of the closing of the health club, the amount and the basis of the claim and a copy of
the contract or other proof of membership deemed suitable by the commissioner. No
application for a payment from the guaranty fund shall be accepted by the commissioner
more than six months after the date of the closing of the location of the health club where
the buyer entered into the contract.
(f) The commissioner shall proceed upon such application and shall hold a hearing
in accordance with the provisions of chapter 54. Notwithstanding the provisions of
chapter 54, the decision of the commissioner shall be final with respect to the application.
The commissioner may hear applications of all buyers submitting claims against a single
health club in one proceeding.
(g) After hearing, the commissioner shall issue an order requiring payment from
the guaranty fund of any sum he finds to be payable upon such application. The total
compensation payable from the guaranty fund on the closing of any one health club
location shall not exceed seventy-five thousand dollars.
(h) If the commissioner pays any amount as a result of a claim against a health club
pursuant to an order under subsection (g) of this section, the health club shall not be
eligible to receive a new or renewed license until it has repaid such amount in full, plus
interest at a rate to be determined by the commissioner.
(i) If the commissioner pays any amount as a result of a claim against a health
club pursuant to an order under subsection (g) of this section, the commissioner shall
determine if the health club is possessed of real or personal property or other assets,
liable to be sold or applied in satisfaction of the claim on such fund. If the commissioner
discovers any such assets, he may request that the Attorney General take any action
necessary for the realization thereof for the reimbursement of the guaranty fund.
(j) The commissioner may, in order to preserve the integrity of the guaranty fund,
order payments to be made out of said fund for amounts less than the actual loss incurred
by any buyer of a health club contract.
(k) When the commissioner has caused any sum to be paid from the guaranty fund
to a buyer who has entered into a health club contract, the commissioner shall be subrogated to all of the rights of the buyer up to the amount paid, and the buyer shall assign
all of his right, title, and interest in the claim up to such amount to the commissioner, and
any amount and interest recovered by the commissioner on the claim shall be deposited to
the guaranty fund, except as provided in subsection (c) of this section.
(l) Notwithstanding any provision of the general statutes to the contrary, the commissioner may prohibit a health club from making payments to the Connecticut Health
Club Guaranty Fund if, in the opinion of the commissioner, the health club within the
past five years has engaged in any unfair or deceptive trade practices under subsection
(a) of section 42-110b, has engaged in any conduct of a character likely to mislead,
deceive or defraud the buyer, the public or the commissioner, or has violated any of the
provisions this chapter. If the commissioner determines that a health club should be
prohibited from making payments to the Connecticut Health Club Guaranty Fund the
department shall mail a notice by certified mail to the principal place of business of the
health club and shall state the grounds for the contemplated action. Within fourteen days
of receipt of the notice, the health club may file a written request for a hearing. If a
hearing is requested such hearing shall be conducted in accordance with the provisions
of chapter 54.
(m) Each health club which has been prohibited from making payments to the Connecticut Health Club Guaranty Fund shall furnish the commissioner with a guaranty
bond satisfactory to the commissioner in a sum equal to one hundred twenty-five thousand dollars and shall obtain a certificate from the department that the requirements of
this subsection have been met. If a health club is no longer in operation at the location
where the buyer entered into the contract, the buyer having a claim against the health
club may apply to the commissioner for payment of such claim from the guaranty bond,
if the claim arises from (1) failure to provide services, (2) failure to comply with its
contract obligations, (3) failure to remain open for the duration of its contracts, or (4)
failure to comply with any provision of this chapter. Such claim may be filed if, within
thirty days after the buyer gives notice of the claim to the health club, the health club
fails to make payment of such claim.
(n) The commissioner may adopt regulations in accordance with chapter 54 to carry
out the purposes of this section.
(P.A. 84-531, S. 8; P.A. 88-179, S. 1-3; P.A. 90-96, S. 1; P.A. 95-135, S. 1; 95-219; P.A. 02-82, S. 4; June 30 Sp. Sess.
P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)
History: P.A. 88-179 amended Subsec. (b) to increase fee from three hundred to five hundred dollars and amended
Subsec. (j) to provide for less than full payments from the fund in order to preserve its integrity if the commissioner
determines that that is necessary; P.A. 90-96 made technical changes to Subsec. (c), increased the total compensation
payable from the guaranty fund from fifty thousand to seventy-five thousand dollars in Subsec. (g) and added new Subsecs.
(l) and (m) re commissioner's power to prohibit health clubs from making payments to guaranty fund and re submission
of guaranty bonds, relettering former Subsec. (l) as (n); P.A. 95-135 amended Subsec. (d) to delete thirty-day waiting
period to file claim; P.A. 95-219 amended Subsec. (b) to reduce fee to one hundred dollars annually for certain health
clubs operated primarily for teaching self-defense or martial arts; P.A. 02-82 amended Subsec. (e) to allow other proof of
health club membership deemed suitable by commissioner to be included with application by buyer for payment from
guaranty fund; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby
reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.
Sec. 21a-227. Health club closings. Electronic monitoring of sales presentations. (a) When any health club is closing or transferring its place of business to another
location, the health club, at least sixty days before closing or transferring, shall: (1)
Notify the Department of Consumer Protection; (2) notify all current members; (3)
notify all prospective members prior to entering into any health club contract; and (4)
publish a notice in a newspaper with general circulation throughout this state that the
health club is closing or transferring its place of business.
(b) No health club shall electronically monitor sales presentations between an employee of a health club and a prospective buyer unless the prospective buyer is notified
that the sales presentation is being electronically monitored and the prospective buyer
is given the option to require that the electronic monitor be shut off.
(P.A. 90-96, S. 2, 3; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-169, S. 17; 04-189, S. 1.)
History: June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Department of Consumer Protection with Department
of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A.
03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.