HEALTH STUDIO CONTRACT REQUIREMENTS CHECKLIST
Disclaimer: This checklist is provided for general informational purposes only and is not
intended to provide legal advice. Each health studio should consult with its own legal
counsel with respect to its particular circumstances and all of its obligations under Sections
501.012-501.019, Florida Statutes.
General Contract Requirements
A. The buyer should be provided with a written contract, which must include the name, address and primary place of
business of the health studio.
B. ss. 501.016(5) …shall specify in the terms of the contract, the charges to be assessed for those health studio services.
C. Health studio registration number needs to be on the membership contract. If this is a new studio a space can be
left to indicate where the number will go once assigned. Provision may read:
“(Studio name) is registered with the State of Florida as a Health Studio. Registration No. is HS______.”
Required Provisions under Section 501.017, Florida Statutes:
Pursuant to Section 501.017, Florida Statutes, each contract for the sale of future health
studio services which is paid for in advance or which the buyer agrees to pay for in future
installment payments must be in writing and shall contain, in immediate proximity to the
space reserved in the contract for the signature of the buyer, and in at least 10-point
boldfaced type, language substantially equivalent to the following:
1. Members are entitled to the penalty-free cancellation of this contract within 3 days, exclusive of holidays
and weekends, of its making, upon the mailing or delivery of written notice to the health studio, and refund
upon such notice of all monies paid under the contract, except that the health studio may retain an amount
computed by dividing the number of complete days in the contract term occasions health studio services are to
be rendered into the total contract price and multiplying the result by the number of complete days that have
passed since the making of the contract or, if appropriate, by the number of occasions that health studio
services have been rendered. A refund shall be issued within 30 days after receipt of the notice of cancellation.
2. Members are entitled to the cancellation and refund of the contract if this business location closes or moves
its facilities more than five (5) driving miles and fails to provide, within 30 days, a facility of equal quality
located within five (5) driving miles at no additional cost to the buyer.
3. Members should be advised that any notice of his/her intent to cancel shall be given in writing to the health
studio. Such a notice of cancellation shall also terminate automatically the consumer's obligation to any entity
to whom the health studio has subrogated or assigned the consumer's contract. If the health studio wishes to
enforce such contract after receipt of such showing, it may request the department to determine the sufficiency
of the showing.
(Attention Health Studio Owner! Please Note: this applies to any notice of cancellation)
4. Members should be advised that if the department determines that a refund is due the buyer, the refund
shall be an amount computed by dividing the contract price by the number of weeks in the contract term and
multiplying the result by the number of weeks remaining in the contract term. The business location of a
health studio shall not be deemed out of business when temporarily closed for repair and renovation of the
premises:
1. Upon sale, for not more than 14 consecutive days; or
2. During ownership, for not more than seven (7) consecutive days and not more than two (2) periods
of seven (7) consecutive days in any calendar year.
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Rev. 3/10/15
A refund will be issued within 30 days after receipt of this notice.
5. Members are advised to contact the Florida Department of Agriculture & Consumer Services for
information within 60 days should the health studio go out of business to address any unresolved conflicts.
6. This contract may be cancelled if the buyer dies or becomes physically unable to avail himself or herself of a
substantial portion of those services which he or she used from the commencement of the contract until the
time of disability, with refund of funds paid or accepted in payment of the contract in an amount computed by
dividing the contract price by the number of weeks in the contract term and multiplying the result by the
number of weeks remaining in the contract term. The buyer or the buyer's estate seeking relief under this
paragraph may be required to provide proof of disability or death. A physical disability sufficient to warrant
cancellation of the contract by the buyer shall be established if the buyer furnishes to the health studio a
certification of such disability by a physician licensed under Chapter 458, 459, 460 or Chapter 461 to the extent
the diagnosis or treatment is within the physician’s scope of practice. A refund shall be issued within 30 days.
7. Only health studios exempt from posting security must include in all contracts the following disclosure
statement:
SHOULD YOU (THE BUYER) CHOOSE TO PAY FOR MORE THAN ONE (1) MONTH OF THIS
AGREEMENT IN ADVANCE, BE AWARE THAT YOU ARE PAYING FOR FUTURE SERVICES AND
MAY BE RISKING LOSS OF YOUR MONEY IN THE EVENT THIS HEALTH STUDIO AND/OR THIS
BUSINESS LOCATION CEASES TO OPERATE. THIS HEALTH STUDIO IS NOT REQUIRED BY
FLORIDA LAW TO PROVIDE ANY SECURITY, AND THERE MAY NOT BE OTHER PROTECTIONS
PROVIDED TO YOU SHOULD YOU CHOOSE TO PAY IN ADVANCE.
This provision must be verbatim and in all capital letters as well as bold print and at least 10-point font.
8. The initial contract will not exceed 36 months and thereafter shall only be renewable annually. Renewal
contracts may not be executed, and the fee therefore paid until 60 days or less before the preceding contract
expires.
A. IF this studio sells a single contract for 30 days or less, without any option or other condition
which establishes any right or obligation of a member beyond the 30-day period then provision I
should read as follows:
The initial contract will not be for a period in excess of 30 days. Renewal contracts may not be
executed, and the fee therefore paid until the preceding contract expires.”
B. IF this studio sells SESSIONS in this manner (8A) then the contract must ALSO indicate:
“ALL sessions must be used within 30 days.”
9. If the health studio requires a buyer to furnish identification upon entry to the facility and as a condition of
using the services of the health studio, the health studio shall provide the buyer with the means of such
identification.
NOTE TO STUDIOS:
THE DEPARTMENT RECOMMENDS YOU SEEK LEGAL COUNSEL TO ENSURE THESE DOCUMENTS
ARE IN COMPLIANCE WITH FLORIDA STATUTES.
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Rev. 3/10/15