
Originally Posted by
ballengerb1
Chuck, open the link I provided. Pretty sure Oregon gives the 3 day grace for this type of contract. Let me know if I misunderstood the law.
Could be, but the link you found doesn't say it. Closest thing is this:
"The health club laws in Oregon and Washington allow consumers to cancel contracts with varying amounts of refunds if a company closes its gym and doesn't offer a nearby alternative.
In Oregon, contracts can be canceled if no comparable facility owned by the same company is within five miles of the customer's home or the gym that closed. In Washington, contracts can be canceled if no alternative is within 10 miles."
One would have to look up Oregon statutes on the subject.
This seems to apply:
"646A.034 Contracts; contents. A contract for the sale of health spa services must be in writing and a copy must be given to the buyer at the time the buyer signs the contract. The contract must contain all of the following:
...
(5) A provision for cancellation of the contract:
(a) If the buyer dies or becomes physically unable to use a substantial portion of those health spa services used by the buyer from the date of the contract until the time of disability. The contract may require that disability be confirmed by an examination of a physician agreeable to the buyer and the health spa.
(b) If the health spa goes out of business.
(c) If the health spa moves its facility closest to the residence of the buyer on the date of the contract to a location more than five additional miles from that residence.
...
(7) A provision under a conspicuous caption in capital letters and boldfaced type stating:
__________________________________________________ _______
[
B]BUYER’S RIGHT TO CANCEL[/B]
If you wish to cancel this contract, without penalty, you may cancel it by delivering or mailing a written notice to the health spa. The notice must say that you do not wish to be bound by the contract and must be delivered or mailed before midnight of the third business day after you sign this contract. The notice must be mailed to: _________(insert name and mailing address of health spa). If you cancel within the three days, the health spa will return to you within 15 days all amounts you have paid."
"646A.030 Definitions for ORS 646A.030 to 646A.042. As used in ORS 646A.030 to 646A.042, unless the context requires otherwise:
...
(4) “Health spa” means any person engaged, as a primary purpose, in the sale of instruction, training, assistance or use of facilities that are purported to assist patrons in physical exercise, weight control or figure development. The term also includes any person engaged primarily in the sale of the right or privilege to use tanning booths, ... "
It appears to me that OP's contract is illegal. I would send the notice as provided above, certified mail. And deliver it too, for good measure. And be sure to do it within the three days.