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Virginia Statutes, Title 59.1

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← All Virginia coverage

Title 59.1, Title 59.1. Trade and Commerce

63 chapters · 804 sections in this title.

All chapters in Title 59.1804 Ch 43, Chapter 43. Uniform Computer Informa…107 Ch 17, Chapter 17. Virginia Consumer Protec…69 Ch 29, Chapter 29. Horse Racing and Pari-mu…44 Ch 24, Chapter 24. Virginia Health Club Act.36 Ch 25, Chapter 25. Virginia Membership Camp…36 Ch 22, Chapter 22. Enterprise Zone Act.30 Ch 9, Chapter 9. Secondhand Articles.29 Ch 2, Chapter 2. Unfair Sales Act [Repealed].27 Ch 6, Chapter 6. Registration and Protecti…22 Ch 12, Chapter 12. Motor Fuels and Lubricat…20 Ch 42, Chapter 42. Fingerprinting in Connec…20 Ch 1, Chapter 1. Fair Trade Act [Repealed].17 Ch 44, Chapter 44. Virginia Telephone Priva…16 Ch 34, Chapter 34. Extended Service Contrac…15

36 sections·Filtered byTitle 59.1✕Ch 24✕

Va. Code Ann. § 59.1-294 Short title
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This chapter shall be known and may be cited as the "Virginia Health Club Act."
Va. Code Ann. § 59.1-295 Statement of purpose
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The purpose of this chapter is to safeguard the public interest against fraud, deceit, and financial hardship, and to foster and encourage competition, fair dealing and prosperity in the field of health club services by prohibiting false and misleading advertising, and dishonest,…
Va. Code Ann. § 59.1-296 Definitions
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As used in this chapter, unless the context requires a different meaning: "Automated external defibrillator" means a device that combines a heart monitor and defibrillator and (i) has been approved by the U.S. Food and Drug Administration; (ii) is capable of recognizing the prese…
Va. Code Ann. § 59.1-296.1 Registration; fees
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A. It shall be unlawful for any health club to offer, advertise, or execute or cause to be executed by the buyer any health club contract in this Commonwealth unless each facility of the health club has been properly registered with the Commissioner at the time of the offer, adve…

Va. Code Ann. § 59.1-296.2 Contracts sold on prepayment basis

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A. Each health club selling contracts or health club services on a prepayment basis shall notify the Commissioner of the proposed facility for which prepayments will be solicited and shall deposit all funds received from such prepayment contracts in an account established in a fi…

Va. Code Ann. § 59.1-296.2:1 Prepayment contracts; prohibited practices; relocation; refund

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A. No health club shall sell a health club contract on a prepayment basis without disclosing in the contract the date on which the facility shall open. The opening date shall not be later than 12 months from the signing of the contract. B. No health club shall close or relocate a…

Va. Code Ann. § 59.1-296.2:2 Automated external defibrillator required

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Each health club location shall have a working automated external defibrillator.

Va. Code Ann. § 59.1-296.3 Initiation fees

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Whenever a refund is due a buyer, any initiation fee charged by a health club shall be prorated over the life of the contract or 12 months, whichever is greater.

Va. Code Ann. § 59.1-297 Right of cancellation

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A. Every health club contract for the sale of health club services may be cancelled under the following circumstances: 1. A buyer may cancel the contract without penalty within three business days of its making and, upon notice to the health club of the buyer's intent to cancel, …

Va. Code Ann. § 59.1-297.1 Payment and calculation of refunds

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A. All refunds for cancellation of membership shall be paid within 30 days of the health club's receipt of written notice of cancellation by the buyer and calculated by: 1. Dividing the contract price by the term of the contract in days; 2. Multiplying the number obtained in subd…

Va. Code Ann. § 59.1-297.2 Automatic termination of a health club contract

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A health club contract shall be considered terminated automatically if the designated facility closes permanently and the health club does not provide a comparable alternate facility. A facility closes temporarily if it closes for a reasonable period of time (i) for renovations t…

Va. Code Ann. § 59.1-298 Notice to buyer

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A copy of the executed health club contract shall be delivered to the buyer at the time the contract is executed. All health club contracts shall (i) be in writing, (ii) state the name and physical address of the health club, (iii) be signed by the buyer, (iv) designate the date …

Va. Code Ann. § 59.1-299 Duration of contract

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No health club contract shall have a duration for a period longer than thirty-six months, including any renewal period; however, a health club contract may exceed 36 months provided that: 1. Any initiation fee does not exceed 10 times the initial monthly fee; 2. All payments for …

Va. Code Ann. § 59.1-300 Provisions of this chapter not exclusive

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The provisions of this chapter are not exclusive and do not relieve the parties or the contracts subject thereto from compliance with all other applicable provisions of law.

Va. Code Ann. § 59.1-301 Noncomplying contract voidable

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Any health club contract that does not comply with the applicable provisions of this chapter shall be voidable at the option of the buyer.

Va. Code Ann. § 59.1-302 Fraud rendering contract void

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Any health club contract entered into by the buyer upon any false or misleading information, representation, notice, or advertisement of the health club or the health club's agents shall be void and unenforceable.

Va. Code Ann. § 59.1-303 Waiver of provisions void and unenforceable

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Any waiver by the buyer of the provisions of this chapter shall be deemed contrary to public policy and shall be void and unenforceable.

Va. Code Ann. § 59.1-304 Notice of preservation of buyers' rights

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All health club contracts and any promissory note executed by the buyer in connection therewith shall contain the following provision on the face thereof in at least 10-point, boldface type: NOTICE ANY HOLDER OF THIS CONTRACT OR NOTE IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH TH…

Va. Code Ann. § 59.1-305 Prohibition against assignment of health club contract cutting off buyer's right of action or defense against seller; conditions

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Whether or not the health club has complied with the notice requirements of § 59.1-304, any right of action or defense arising out of a health club contract which the buyer has against the health club, and which would be cut off by assignment, shall not be cut off by assignment o…

Va. Code Ann. § 59.1-306 Bond or letter of credit required; exception

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A. Every health club, before it enters into a health club contract and accepts any moneys in excess of the prorated monthly fee for the month when the contract is initially executed plus one month's fees or accepts any initiation fee in excess of $125, shall file and maintain wit…

Va. Code Ann. § 59.1-307 Bond or letter of credit; persons protected

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A. The bond or letter of credit required by § 59.1-306 shall be in favor of the Commonwealth for the benefit of (i) any buyer injured by having paid money for health club services in a facility that fails to open by the date provided by the contract, which date shall not be in ex…

Va. Code Ann. § 59.1-308 Change in ownership of health club

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For purposes of this chapter, a health club shall be considered a new health club and subject to the requirements of a bond or letter of credit at the time the health club changes ownership. Any health club that has more than 50 percent ownership by the same person or persons sha…

Va. Code Ann. § 59.1-308.1 Production of records

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Every health club, upon the written request of the Commissioner, shall make available to the Commissioner its prepayment bank account records and all membership contracts for inspection and copying, to enable the Commissioner reasonably to determine compliance with this chapter. …

Va. Code Ann. § 59.1-308.2 Investigations

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A. The Commissioner may: 1. Make necessary public or private investigations within or without this Commonwealth to determine any violations of the provisions of this chapter or any rule, regulation, or order issued pursuant to this chapter; and 2. Require or permit any person to …

Va. Code Ann. § 59.1-309 Enforcement; penalties

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Any violation of the provisions of this chapter shall constitute a prohibited practice pursuant to the provisions of § 59.1-200 and shall be subject to any and all of the enforcement provisions of the Virginia Consumer Protection Act (§ 59.1-196 et seq.) of this title.

Va. Code Ann. § 59.1-310 Applicability

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Sections 59.1-297, 59.1-298, 59.1-299, 59.1-304, and 59.1-305 shall not apply to health club contracts entered into before September 15, 2004.

Va. Code Ann. § 59.1-310.1 Definitions

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As used in this chapter unless the context requires otherwise: "Fitzpatrick scale" means the following scale for classifying a skin type, based on the skin's reaction to the first 10 to 45 minutes of sun exposure after the winter season: "Owner" means a person who owns or operate…

Va. Code Ann. § 59.1-310.10 Penalty for violation

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No person shall use the title "authorized septic system inspector" or perform a septic system inspection in connection with any real estate transaction unless he meets the requirements of this chapter. Any person who violates the provisions of this chapter is guilty of a Class 3 …

Va. Code Ann. § 59.1-310.2 Federal law compliance; application of chapter

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A tanning device utilized by a tanning facility shall comply with all applicable federal laws and regulations. This chapter shall not apply to a phototherapy device used by or under the supervision of a licensed physician trained in the use of phototherapy devices.

Va. Code Ann. § 59.1-310.3 Notice to customers; liability

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A. A tanning facility shall give each customer a written statement warning that: 1. Failure to use the eye protection provided to the customer by the tanning facility may result in damage to the eyes; 2. Overexposure to ultraviolet light causes burns; 3. Repeated exposure may res…

Va. Code Ann. § 59.1-310.4 Warning signs

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A. A tanning facility shall post a warning sign in a conspicuous location where it is readily readable by persons entering the establishment. The sign shall contain the following warning: DANGER: ULTRAVIOLET RADIATION Repeated exposure to ultraviolet radiation may cause chronic s…

Va. Code Ann. § 59.1-310.5 Operational requirements

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A. A tanning facility shall have an operator present during operating hours. The operator shall be sufficiently knowledgeable in the correct operation of the tanning devices used at the facility and shall inform and assist each customer in the proper use of the tanning device. B.…

Va. Code Ann. § 59.1-310.6 Violations of chapter; penalty

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Any person other than a customer, who knowingly and willfully violates any statute pertaining to the operation of tanning facilities shall be guilty of a Class 3 misdemeanor.

Va. Code Ann. § 59.1-310.7 Definitions

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As used in this chapter, unless the context requires otherwise: "Authorized septic system inspector" means a person who possesses the qualifications required by the provisions of this chapter. "Inspection" means an examination of a septic system that is requested by a lending ins…

Va. Code Ann. § 59.1-310.8 Exceptions

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This chapter shall not be construed to prohibit: 1. The work of an employee or a subordinate of an authorized septic system inspector; 2. The practice of any profession or occupation that is regulated by a regulatory board within the Department of Professional and Occupational Re…

Va. Code Ann. § 59.1-310.9 Requirements for authorized septic system inspectors and minimum requirements for performance of septic system inspections

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A. Only individuals who hold a valid onsite sewage system operator, onsite sewage system installer, or onsite soil evaluator license pursuant to Chapter 23 (§ 54.1-2300 et seq.) of Title 54.1 shall be authorized to perform a septic system inspection in connection with any real es…