187.9. Despite section 11.2 and subject to any applicable regulations, any stipulation in an indeterminate-term contract under which the loyalty program merchant may amend an essential element of the contract unilaterally is not prohibited provided the stipulation also(a) specifies the elements of the contract that may be amended unilaterally; and
(b) provides that the loyalty program merchant must send to the consumer, within the time limit prescribed by regulation, a written notice drawn up clearly and legibly, setting out the new clause only, or the amended clause and the clause as it read formerly, and the date of the coming into force of the amendment.