Whether or not the health club has complied with the notice requirements of § 59.1-304, any right of action or defense arising out of a health club contract which the buyer has against the health club, and which would be cut off by assignment, shall not be cut off by assignment of the contract to any third party holder, whether or not the holder acquires the contract in good faith and for value.

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Terms Used In Virginia Code 59.1-305

  • Buyer: means a natural person who enters into a health club contract. See Virginia Code 59.1-296
  • Contract: A legal written agreement that becomes binding when signed.
  • Health club: means any person, firm, corporation, organization, club or association whose primary purpose is to engage in the sale of memberships in a program consisting primarily of physical exercise with exercise machines or devices, or whose primary purpose is to engage in the sale of the right or privilege to use exercise machines or devices. See Virginia Code 59.1-296

1984, c. 738; 2003, c. 344; 2014, c. 459.