HOUSE OF REPRESENTATIVES

H.B. NO.

1944

TWENTY-FIFTH LEGISLATURE, 2010

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO HEALTH CLUBS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. Chapter 486N, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"486N‑   Military personnel; federal active duty deployment outside State; cancellation or suspension of contract. (a) In addition to cancellation of a health club contract under sections 486N-6 and 486N-7, a health club contract of a member of the United States military, including a member of the Hawaii National Guard, United States military reserves, or regular United States armed forces who is serving on federal active duty or active duty in federal service and deployed or otherwise serving outside of this State during the term of the contract, may be canceled or suspended provided that the request for cancellation or suspension:

(1) Is made by the member or the member's legally designated representative;

(2) Includes a copy of the member's official military orders, a written verification from the member's commanding officer, or other proof of deployment; and

(3) Is made within ninety days after the member receives notice of serving on federal active duty or active duty in federal service, for deployment or service outside of this State.

(b) If a contract is suspended under this section, the health club shall not charge any fees to reinstate the contract and shall maintain in the reinstated contract the original payment obligations set forth in the original contract.

(c) A contract that is suspended pursuant to subsection (a) shall be subject to cancellation two years from the date of suspension if the health club member fails to reinstate the contract.

(d) If cancellation or suspension is made pursuant to subsection (a), the health club shall immediately refund to the member, the entire consideration the member paid for the health club contract, less an amount computed by dividing the total contract price by the number of weeks in the term of the contract and multiplying the result by the number of weeks elapsed at the time of cancellation or suspension."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect on July 1, 2010.

 



 

Report Title:

Health Clubs; Cancel or Suspend Membership; Deployed Military

 

Description:

Allows military personnel deployed outside the State on federal active duty to cancel or suspend health club membership at any time during the contract term under certain conditions. Requires pro rata refund of fees. (SD1).

 

 

 

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