I wanted to find out if a Martial Arts/Black Belt Club contract is valid in Texas if the contract does not contain a Cancellation and Refund Notice as stipulated by the Texas Occupations Code Chapter 702:
§ 702.304. CANCELLATION AND REFUND NOTICE. (a) Except as
provided by Subsection (b), a contract must state in at least
10-point type that is boldfaced, capitalized, underlined, or
otherwise conspicuously distinguished from surrounding written
material:
(1) "NOTICE TO PURCHASER: DO NOT SIGN THIS CONTRACT
UNTIL YOU READ IT OR IF IT CONTAINS BLANK SPACES."
(2) "IF YOU DECIDE YOU DO NOT WISH TO REMAIN A MEMBER
OF THIS HEALTH SPA, YOU MAY CANCEL THIS CONTRACT BY MAILING TO THE
HEALTH SPA BY MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DAY YOU
SIGN THIS CONTRACT A NOTICE STATING YOUR DESIRE TO CANCEL THIS
CONTRACT. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE
FOLLOWING ADDRESS:
(Address of the health spa home office)"
Also, we have two daughters attending the school but only one daughter in the Black Belt Club (the other daughter is only five and not old enough to do the Black Belt Club). The tuition amount on the contract is for both girls but only one child is in the Black Belt Club (her tuition is $95).
I have attached a copy of the contract with the names erased. Any help would be greatly appreciated.
§ 702.304. CANCELLATION AND REFUND NOTICE. (a) Except as
provided by Subsection (b), a contract must state in at least
10-point type that is boldfaced, capitalized, underlined, or
otherwise conspicuously distinguished from surrounding written
material:
(1) "NOTICE TO PURCHASER: DO NOT SIGN THIS CONTRACT
UNTIL YOU READ IT OR IF IT CONTAINS BLANK SPACES."
(2) "IF YOU DECIDE YOU DO NOT WISH TO REMAIN A MEMBER
OF THIS HEALTH SPA, YOU MAY CANCEL THIS CONTRACT BY MAILING TO THE
HEALTH SPA BY MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DAY YOU
SIGN THIS CONTRACT A NOTICE STATING YOUR DESIRE TO CANCEL THIS
CONTRACT. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE
FOLLOWING ADDRESS:
(Address of the health spa home office)"
Also, we have two daughters attending the school but only one daughter in the Black Belt Club (the other daughter is only five and not old enough to do the Black Belt Club). The tuition amount on the contract is for both girls but only one child is in the Black Belt Club (her tuition is $95).
I have attached a copy of the contract with the names erased. Any help would be greatly appreciated.
