13-42-120.   Cancellation of agreement -- Waiver.
     (1) An individual may cancel an agreement before midnight of the third business day after the individual assents to it, unless the agreement does not comply with Subsection (2) or Section 13-42-119 or Section 13-42-128, in which event the individual may cancel the agreement within 30 days after the individual assents to it. To exercise the right to cancel, the individual must give notice in a record to the provider. Notice by mail is given when mailed.
     (2) An agreement must be accompanied by a form that contains in bold-face type, surrounded by bold black lines:
Notice of Right to Cancel

     You may cancel this agreement, without any penalty or obligation, at any time before midnight of the third business day that begins the day after you agree to it by electronic communication or by signing it.
     To cancel this agreement during this period, send an e-mail to
     ____________________________ or mail or deliver a signed, dated copy of this
     E-mail address of provider
     notice, or any other written notice to ___________________________________
                            Name of provider
     at _______________________________ before midnight on ___________________.
        Address of provider                         Date
     If you cancel this agreement within the 3-day period, we will refund all money you already have paid us.
     You also may terminate this agreement at any later time, but we may not be required to refund fees you have paid us.
     I cancel this agreement,
     __________________________________
            Print your name
     __________________________________
            Signature
     __________________________________
             Date
     (3) If a personal financial emergency necessitates the disbursement of an individual's money to one or more of the individual's creditors before the expiration of three days after an agreement is signed, an individual may waive the right to cancel. To waive the right, the individual must send or deliver a signed, dated statement in the individual's own words describing the circumstances that necessitate a waiver. The waiver must explicitly waive the right to cancel. A waiver by means of a standard form record is void.

Amended by Chapter 229, 2009 General Session
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Last revised: Thursday, May 28, 2009