P-40.1, r. 3 - Regulation respecting the application of the Consumer Protection Act

Section 49 Disposition versions

2012-09-01

49. A contract for the lease of goods or services entered into at the time of the entering into or performance of a principal contract with a merchant who operates a physical fitness studio must contain the following compulsory clause:

“Clause required under the Consumer Protection Act.

(Accessory contract of lease)

This contract is accessory to the service contract involving sequential performance for instruction, training or assistance entered into (insert here the date on which the service contract involving sequential performance for instruction, training or assistance was entered into).

The consumer may cancel this contract without charge or penalty before the merchant has begun the performance of his principal obligation by sending the form attached hereto or another notice in writing for that purpose to the merchant.

If the consumer has begun to perform his principal obligation, the consumer may cancel this contract within a time period equal to 1/10 of the term prescribed in this contract by sending the attached form or another notice in writing for that purpose to the merchant. Such time period shall begin at the time the merchant begins to perform his principal obligation. In that case, the merchant may not exact from the consumer payment of any sum greater than one-tenth of the total price prescribed in the contract.

The contract is cancelled, without further formality, upon the sending of the form or notice.

Within 10 days following the cancellation of the contract, the merchant must return to the consumer the money he owes him.

It is in the consumer’s interest to refer to sections 197 to 205 and 207 of the Consumer Protection Act (chapter P-40.1) and, where necessary, to communicate with the Office de la protection du consommateur.”.

R.R.Q., 1981, c. P-40.1, r. 1, s. 49; O.C. 495-2010, s. 5.