13-1-16. Additional contracts terminable by service members; requirements.

As used in this Code section, the term:#

1. (1)

   “Health spa” means an establishment which provides, as one of its primary purposes, services or facilities which are purported to assist patrons to improve their physical condition or appearance through change in weight, weight control, treatment, dieting, or exercise. Such term includes an establishment designated as a “reducing salon,” “health spa,” “spa,” “exercise gym,” “health studio,” or “health club,” or by other terms of similar import.#

2. (2)

   “Service member” means an active duty member of the regular or reserve component of the armed forces of the United States, the Georgia National Guard, or the Georgia Air National Guard on ordered federal duty for a period of 90 days or longer.#

In addition to the contractual relief provided for under Code Sections 10-4-214, 44-7-22, and 46-5-8, and in furtherance of the Servicemembers Civil Relief Act, 50 U.S.C. Section 3901 et seq., any service member may terminate a contract pursuant to this Code section if such contract is for:#

1. (1)

   The provision of television, video, or audio programming or internet access; or#

2. (2)

   Membership or provision of services by a health spa, notwithstanding any provisions of Code Section 10-1-393.2.#

Termination of a contract pursuant to subsection (b) of this Code section shall be effective only if the service member receives military orders to relocate for a period of service of at least 90 days to a location that does not support the contract.#

In terminating a contract pursuant to subsection (b) of this Code section, the service member shall provide the other contractual party with a written or electronic notice of termination to be effective on the date stated in the notice. Such notice shall be accompanied by either a copy of the official military orders or a written verification signed by the service member’s commanding officer indicating the relocation.#

The provisions of this Code section shall apply to all contracts, and a renewal, modification, or extension of any contract, provided for under subsection (b) of this Code section and entered into on or after July 1, 2019. The provisions of this Code section may not be waived or modified by the agreement of the parties under any circumstances.#