Section § 1694.5

Explanation

This section defines what constitutes a 'weight loss contract.' It refers to agreements with weight loss programs or centers that offer services like guidance on weight reduction, body shaping, dieting, and eating habits by non-licensed health care professionals. It also covers use of weight loss facilities, memberships for weight-related purposes, and the provision of prepackaged diet foods. Notably, this law doesn't apply to health studio service contracts as per another specific section.

(a)CA Civil Law Code § 1694.5(a) As used in this chapter, a weight loss contract is a contract with any weight loss program or center that offers any of the following:
(1)CA Civil Law Code § 1694.5(a)(1) Instruction, counseling, supervision, or assistance in weight reduction, body shaping, diet, and eating habits, by persons who are not licensed health care professionals.
(2)CA Civil Law Code § 1694.5(a)(2) Use of facilities of a weight loss center for any of the purposes specified in paragraph (1).
(3)CA Civil Law Code § 1694.5(a)(3) Membership in any group, club, association, or organization formed for any of the purposes specified in paragraph (1).
(4)CA Civil Law Code § 1694.5(a)(4) Prepackaged, or premeasured “diet foods” provided by the weight loss program or center.
(b)CA Civil Law Code § 1694.5(b) This chapter does not apply to any contract for health studio services as defined in Section 1812.81.

Section § 1694.6

Explanation

If you've signed up for a weight loss program, you have until midnight on the third business day after signing to cancel your contract. To cancel, you need to send written notice through mail, telegram, or in person to the address listed in the agreement. If sent by mail, it's valid once you mail it with proper address and postage.

You don't have to use any special cancellation form—any clear cancellation notice works. All fees you've paid should be refunded within 10 days after the cancellation notice is received. If you used a credit card or check, you can call the program within the three-day window to stop them from processing your payment, but you still need to follow up with a formal written cancellation.

(a)CA Civil Law Code § 1694.6(a) In addition to any other right to revoke an offer, the buyer has the right to cancel a weight loss contract or offer until midnight of the third business day after the day on which the buyer signs an agreement or offer to purchase those services.
(b)CA Civil Law Code § 1694.6(b) Cancellation occurs when the buyer gives written notice of cancellation by mail, telegram, or delivery to the seller at the address specified in the agreement or offer.
(c)CA Civil Law Code § 1694.6(c) Notice of cancellation, if given by mail, is effective when deposited in the mail properly addressed with postage prepaid.
(d)CA Civil Law Code § 1694.6(d) Notice of cancellation given by the buyer need not take the particular form as provided in the contract or offer to purchase and, however expressed, is effective if it indicates the intention of the buyer not to be bound by the weight loss contract.
(e)CA Civil Law Code § 1694.6(e) All moneys paid pursuant to any weight loss contract shall be refunded within 10 days of receipt of the notice of cancellation.
(f)CA Civil Law Code § 1694.6(f) The buyer may notify the weight loss program of his or her intent to cancel the contract within the three-day period specified in this section and stop the processing of a credit card voucher or check by telephone notification to the weight loss program. However, this does not negate the obligation of the buyer to cancel the contract by mail, telegram, or delivery as required pursuant to this section.

Section § 1694.7

Explanation

In California, any weight loss contract must be written and the signer must receive a copy. These contracts need to include a clear statement near the buyer's signature explaining their right to cancel without penalty within three business days (excluding Sundays and holidays).

Cancellation should be done by mailing or delivering written notice to the business. The contract must display the business's name and address, along with the signing date, on the first page. Contracts can't require payments longer than two years, and services can't extend beyond three years. If a contract doesn't follow these rules, the buyer can cancel it anytime.

(a)CA Civil Law Code § 1694.7(a) A weight loss contract shall be in writing. A copy of the contract shall be provided to the buyer at the time he or she signs the contract.
(b)CA Civil Law Code § 1694.7(b) Every weight loss contract shall contain on its face, and in close proximity to the space reserved for the signature of the buyer, a conspicuous statement in a size equal to at least 10-point boldface type, as follows:
“You, the buyer, may cancel this agreement, without any penalty or obligation, at any time prior to midnight of the original contract seller’s third business day following the date of this contract, excluding Sundays and holidays. To cancel this agreement, mail or deliver a signed and dated notice, or send a telegram which states that you, the buyer, are canceling this agreement, or words of similar effect. This notice shall be sent to:
_____ (Name of the business that sold you the contract) _____
_____ (Address of the business that sold you the contract) _____ .”
(c)CA Civil Law Code § 1694.7(c) The weight loss contract shall contain on the first page, in a type size no smaller than that generally used in the body of the document, the name and address of the weight loss program operator to which the notice of cancellation is to be mailed; and the date the buyer signed the contract.
(d)CA Civil Law Code § 1694.7(d) No weight loss contract shall require payments or financing by the buyer over a period in excess of two years from the date the contract is entered into, nor shall the term of any such contract be measured by the life of the buyer. The services to be rendered to the buyer under the contract shall not extend for more than three years after the date the contract is entered into.
(e)CA Civil Law Code § 1694.7(e) If a weight loss contract is not in compliance with this chapter, the buyer may, at any time, cancel the contract.

Section § 1694.8

Explanation

This law says that if you're part of a weight loss contract and can't continue due to death or disability, you or your estate can stop making payments for future services. Any prepaid amounts for unused services must be refunded, unless the disability is expected to last less than six months. In that case, the contract can be extended for six months for free instead of being canceled.

If you have to move more than 50 miles away and can't transfer your contract, you can also stop payments and get a refund for services you haven't used. However, you might have to pay a small fee of no more than $100, or $50 if you've used more than half the contract.

Every weight loss contract shall contain language providing that:
(a)CA Civil Law Code § 1694.8(a) If by reason of death or disability the buyer is unable to receive all services for which the buyer has contracted, the buyer and the buyer’s estate may elect to be relieved of the obligation to make payments for services other than those received before death or the onset of disability, except as provided in paragraph (3).
(1)CA Civil Law Code § 1694.8(a)(1) If the buyer has prepaid any amount for services, so much of the amount prepaid that is allocable to services that the buyer has not received shall be promptly refunded to the buyer or his or her representative.
(2)CA Civil Law Code § 1694.8(a)(2) “Disability” means a condition which precludes the buyer from physically using the services specified in the contract during the term of disability and the condition is verified in writing by a physician designated and remunerated by the buyer. The written verification of the physician shall be presented to the seller.
(3)CA Civil Law Code § 1694.8(a)(3) If the physician determines that the duration of the disability will be less than six months, the seller may extend the term of the contract for a period of six months at no additional charge to the buyer in lieu of cancellation.
(b)CA Civil Law Code § 1694.8(b) If the buyer relocates his or her primary residence further than 50 miles from the weight loss center and is unable to transfer the contract to a comparable facility, the buyer may elect to be relieved of the obligation to make payment for services other than those received prior to that relocation, and if the buyer has prepaid any amount for weight loss services, so much of the amount prepaid that is allocable to services that the buyer has not received shall be promptly refunded to the buyer. A buyer who elects to be relieved of further obligation pursuant to this subdivision may be charged a predetermined fee not to exceed one hundred dollars ($100) or, if more than half the life of the contract has expired, a predetermined fee not to exceed fifty dollars ($50).

Section § 1694.9

Explanation

In California, weight loss service contracts must follow certain rules or else they are considered void and cannot be enforced. If a seller deliberately provides false or misleading information to get the contract signed, the contract is also unenforceable. If a buyer is harmed by any violations of these rules, they can seek damages in court, and if the violation was intentional, they could get three times the actual damages, plus potentially having their legal fees covered if they win. If a buyer’s contract is canceled, they’re entitled to a refund for any services not received, calculated under a method called the 'Rule of 78' for finance charges. Lastly, any attempt by the buyer to waive these protections is invalid.

(a)CA Civil Law Code § 1694.9(a) Any contract for weight loss services which does not comply with this chapter is void and unenforceable.
(b)CA Civil Law Code § 1694.9(b) Any contract for weight loss services entered into under willful and fraudulent or misleading information or advertisements of the seller is void and unenforceable.
(c)CA Civil Law Code § 1694.9(c) Any buyer injured by a violation of this chapter may bring an action for the recovery of damages in a court of competent jurisdiction. Judgment may be entered for three times the amount at which the actual damages are assessed if the violation is willful. Reasonable attorney fees may be awarded to the prevailing party.
(d)CA Civil Law Code § 1694.9(d) Notwithstanding the provisions of any contract to the contrary, whenever the contract price is payable in installments and the buyer is relieved from making further payments or entitled to a refund under this chapter, the buyer shall be entitled to receive a refund or refund credit of that portion of the cash price as is allocable to the services not actually received by the buyer. The refund of any finance charge shall be computed according to the “sum of the balance method,” also known as the “Rule of 78.”
(e)CA Civil Law Code § 1694.9(e) Any waiver by the buyer of this chapter is void and unenforceable.