13-23-103. Rescission.
264 words·~1 min read·
/ut/title-13/chapter-23/13-23-103A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/6/2026
13-23-103. Rescission.
(1)A consumer may rescind a contract for the purchase of a fitness center service by emailing or mailing written notice of the consumer's intent to rescind:
(a)to the email address or mailing address the fitness center provides in the contract, in accordance with Subsection 13-23-102(6)(b) ; and
(i)before midnight of the third business day after the day on which the consumer and fitness center execute the contract, as recorded by timestamp or postmark; or
(ii)if a consumer and fitness center execute the contract when the consumer's primary location is not fully operational and available for use, before midnight of the third business day after the day on which the consumer's primary location becomes fully operational and available for use, as recorded by timestamp or postmark.
(2)A consumer who rescinds a contract under this section is entitled to a refund of every payment the consumer made, less the reasonable value of any fitness center service the consumer actually received.
(3)The preparation and processing of the contract or other document is not a fitness center service that the fitness center may deduct under Subsection
(2)from any refundable amount.
(4)In an enforcement action that the division initiates, a fitness center has the burden of proving that any value the fitness center retains under Subsection
(2)is reasonable.
(5)The rescission of a contract under this section is effective upon the fitness center's receipt of written notice of the consumer's intent to rescind the contract.
Renumbered and Amended by Chapter 95 , 2026 General Session