Rep. Matt Hanson

Filed: 4/2/2024

 

 


 

 


 
10300HB4911ham001LRB103 36652 SPS 71743 a

1
AMENDMENT TO HOUSE BILL 4911

2    AMENDMENT NO. ______. Amend House Bill 4911 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Physical Fitness Services Act is amended
5by changing Section 6 as follows:
 
6    (815 ILCS 645/6)  (from Ch. 29, par. 56)
7    Sec. 6. Contract requirements: cancellation and refund.
8(a) Every contract for physical fitness services shall provide
9that: (1) the contract may be cancelled by the customer within
103 business days after the first business day after the
11contract is signed by the customer, and that all monies paid
12pursuant to said contract shall be refunded to the customer.
13For the purposes of this Section, business day shall mean any
14day on which the facility is open for business. A customer
15purchasing a plan at a facility which has not yet opened for
16business at the time the contract is signed, or who does not

 

 

10300HB4911ham001- 2 -LRB103 36652 SPS 71743 a

1purchase a contract at an existing facility, shall have seven
2calendar days in which to cancel the contract and receive a
3full refund of all monies paid. The customer's rights to
4cancel described herein are in addition to any other contract
5rights or remedies provided by law; (2) in the event of the
6relocation of a customer's residence to farther than 25 miles
7from the center's facilities, and upon the failure of the
8original center to designate a center, with comparable
9facilities and services within 25 miles of the customer's new
10residence, which agrees to accept the original center's
11obligations under the contract, the customer may cancel the
12contract and shall be liable for only that portion of the
13charges allocable to the time before reasonable evidence of
14such relocation is presented to the center, plus a reasonable
15fee if so provided in the contract, but such fee shall not
16exceed 10% of the unused balance, or $50, whichever is less;
17and (3) if the customer, because of death or disability, is
18unable to use or receive all services contracted for, the
19customer, or his estate as the case may be, shall be liable for
20only that portion of the charges allocable to the time prior to
21death or the onset of disability. The center shall in such
22event have the right to require and verify reasonable evidence
23of such death or disability.
24    (b) Every contract for physical fitness services shall
25provide that notice of cancellation pursuant to subsection (a)
26of this Section shall be made in writing and delivered by

 

 

10300HB4911ham001- 3 -LRB103 36652 SPS 71743 a

1certified or registered mail to the center at the address
2specified in the contract, online at the center's website that
3the contract was entered into, if the contract was entered
4into online, or by the email address provided in the contract,
5if an email address was provided. All refunds to which a
6customer or his estate is entitled shall be made within 30 days
7of receipt by the center of the cancellation notice.
8    (c) Every contract for physical fitness services that
9automatically renews must comply with the requirements of the
10Automatic Contract Renewal Act.
11(Source: P.A. 84-850.)".