Amendment #226 to H4879

Health Club Memberships

Mr. Chan of Quincy moves to amend the bill by adding at the end thereof the following sections:-

“SECTION XX. Chapter 93 of the General Laws, as so appearing, is hereby amended by adding after section 78A the following new section:-

Section 78B. A health club shall be required to have their membership categories clearly posted for consumers to view.  Such posting shall contain the cost per category.  Such categories shall include senior citizen discounts, public employee discounts, second member of a family discount, new member fees, and any other membership fee category that the Health Club offers to consumers.

SECTION XX. Section 80 of said chapter 93 of the General Laws, as so appearing, is hereby amended by inserting at the end thereof the following paragraphs:-

If a buyer becomes physically or medically disabled for a period in excess of 3 months during the membership term, they shall have the option to be relieved of liability for payment on that portion of the contract term for which the buyer is disabled, or to extend the duration of the contract at no additional cost for a period equal to the duration of the disability.

No contract shall impose any type of fee for a period of 3 months if the buyer becomes physically or  medically disabled and the disability is verified by a licensed physician.

SECTION XX. Chapter 93 of the General Laws, as so appearing, is hereby amended by inserting, after section 81, the following section:-

Section 81A. (a) Every contract for physical fitness services shall provide clearly and conspicuously in writing that such contract may be cancelled within 3 business days after the date of receipt by the buyer of a copy of the written contract or written receipt indicating the buyer's payment for physical fitness services. The contract for physical fitness services shall contain the following written notice in at least 10 point bold type:“CONSUMER'S RIGHT TO CANCELLATION. YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR FURTHER OBLIGATION BY CAUSING A WRITTEN NOTICE OF YOUR CANCELLATION TO BE DELIVERED IN PERSON OR POSTMARKED BY CERTIFIED OR REGISTERED UNITED STATES MAIL WITHIN THREE (3) BUSINESS DAYS OF THE DATE OF THIS CONTRACT OR THE DATE OF YOUR RECEIPT TO THE ADDRESS SPECIFIED IN THIS CONTRACT.” The notice of the buyer's cancellation of the contract shall be in writing and delivered in person or by certified or registered United States mail at the address specified in the contract. Such notice shall be accompanied by the contract forms, membership cards and any other documents or evidence of membership previously delivered to the buyer. All monies paid pursuant to such contract shall be refunded within 15 business days of receipt of such notice of cancellation. If the buyer has executed any credit or loan agreement to pay for all or part of the physical fitness services, any such negotiable instrument shall be void upon cancellation under this section and shall also be returned to the buyer within said 15 days.

(b) For the purposes of this section, the term “Physical fitness services” means any instruction, training or assistance in the preservation, maintenance, encouragement or development of physical fitness, conditioning or well being offered by a person, firm, corporation, partnership, unincorporated association, franchise or other business enterprise.

SECTION XX. A special Commission shall be convened to study the cancellation and refund policies of health clubs operating within the commonwealth as they relate to the COVID-19 emergency. The commission shall consist of 3 members, two of whom shall be appointed by the office of the Massachusetts Attorney General, one of whom shall be appointed by the Office of Consumer Affairs and Business Regulation. The Commission shall file a report of their findings with the Joint Committee on Consumer Protection and Professional Licensure, the Clerk of the House of Representatives, and the Clerk of the Senate by no later than February 1, 2021.”

Additional co-sponsor(s) added to Amendment #226 to H4879

Health Club Memberships