reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1723 - Unlawful activities; civil action

44-1723.
Unlawful activities;  civil action
The owner of a container may file a civil action for and shall be awarded damages,  injunctive relief or the provisional remedy of replevin or any such combination against a person who,  without the owner's consent,  does any of the following:
1. Removes the owner's container from the owner's or a recipient's premises or parking area.
2. Uses or knowingly possesses the owner's container that has been removed from the owner's or a recipient's premises or parking area.
3. Obliterates,  covers,  removes or otherwise alters the name or mark on the owner's container.
4. Abandons or leaves the owner's container at a location other than the owner's or a recipient's premises or parking area.
5. Alters,  converts,  destroys or tampers with the owner's container.
6. Sells the owner's container to or purchases the owner's container from someone other than the owner.
7. Refuses to return the owner's container on demand of the owner.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1724 - Damages; costs; attorney fees

44-1724.
Damages;  costs;  attorney fees
In a civil action pursuant to section 44-1723,  the container owner is entitled to recover as damages the greater of three times the amount of actual replacement cost of each container recovered or taken or one hundred dollars for each violation and ten dollars for each container. The prevailing party shall recover reasonable attorney fees,  costs and other expenses incurred in the action.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1731 - Definitions

44-1731.
Definitions
In this article,  unless the context otherwise requires:
1. " Compensation"  includes a payment based on a sale or distribution made to a person who either is a participant in a pyramid promotional scheme or has the right to become a participant upon payment.
2. " Consideration"  means the payment of cash or the purchase of goods,  services or intangible property but does not include:
(a) The purchase of goods or services furnished at cost to be used in making sales and not for resale.
(b) Time and effort spent in pursuit of sales or recruiting activities.
3. " Pyramid promotional scheme"  means any plan or operation by which a participant gives consideration for the opportunity to receive compensation which is derived primarily from any person's introduction of other persons into participation in the plan or operation rather than from the sale of goods,  services or intangible property by the participant or other persons introduced into the plan or operation.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1732 - Violation; classification

44-1732.
Violation;  classification
A. Any person who violates any of the provisions of this article is guilty of a class 6 felony.
B. The attorney general or county attorney,  or both,  shall institute the criminal actions to enforce the provisions of this article.
C. An act or practice in violation of this article constitutes an unlawful practice under section 44-1522. The attorney general may investigate and take appropriate action as prescribed by chapter 10,  article 7 of this title.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1733 - Sale or contract for sale of interest in pyramid promotional scheme voidable

44-1733.
Sale or contract for sale of interest in pyramid promotional scheme voidable
Any purchaser in a pyramid promotional scheme may,  notwithstanding any agreement to the contrary,  declare the related sale or contract for sale void,  and he may bring an action in a court of competent jurisdiction to recover the consideration he paid to participate in the scheme. In such action the court shall,  in addition to any judgment awarded to the plaintiff,  require the defendant to pay interest,  reasonable attorneys' fees and the costs of the action,  less any money paid to the plaintiff as profit in the transaction.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1734 - Scope of remedy

44-1734.
Scope of remedy
A. The rights and remedies that this article grants to purchasers in pyramid promotional schemes are independent of and supplemental to any other right or remedy available to them in law or equity,  and nothing contained herein shall be construed to diminish or to abrogate any such right or remedy.
B. The provisions of this article are in addition to all other causes of action,  remedies and penalties available to this state.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1735 - Pyramid promotional scheme; prohibition; defenses excluded

44-1735.
Pyramid promotional scheme;  prohibition;  defenses excluded
A. A person shall not establish,  operate,  advertise or promote a pyramid promotional scheme.
B. A limitation as to the number of persons who may participate or the presence of additional conditions affecting eligibility for the opportunity to receive compensation under the plan or operation does not change the identity of the scheme as a pyramid promotional scheme nor is it a defense under this article that a participant,  on giving consideration,  obtains any goods,  services or intangible property in addition to the right to receive compensation.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1741 - Definitions

44-1741.
Definitions
In this article,  unless the context otherwise requires:
1. " Contract for dance studio lessons and other services"  means a contract for instruction in ballroom or other types of dancing and includes but is not limited to dance competitions,  olympics,  single specialist projects,  showcases and other services whether given to customers individually or in groups.
2. " Dance studio"  means any person who contracts directly with members of the general public to provide dance studio lessons and other services.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1742 - Written contract required; conspicuous statement of cost; limitation of amount

44-1742.
Written contract required;  conspicuous statement of cost;  limitation of amount
A. Every contract for dance studio lessons and other services shall be in writing and subject to the provisions of this article. A copy of the written contract shall be given to the customer at the time the customer signs the contract.
B. No contract for dance studio lessons and other services shall be effective unless the contract specifically sets forth,  in a conspicuous manner on the top of the first page of such contract,  the customer's total payment obligation for lessons and other services to be received pursuant to the contract.
C. No contract for dance studio lessons and other services shall require payment for the lessons and other services or the use of the facilities of a total amount in excess of four thousand five hundred dollars,  exclusive of interest.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1743 - Limitation on payment period; prohibition against life contract; single contract

44-1743.
Limitation on payment period;  prohibition against life contract;  single contract
A. No contract for dance studio lessons and other services shall require payments or financing by the customer over a period in excess of two years from the date the contract is signed,  nor shall the term of any such contract be measured by the life of the customer. Lessons and other services to be rendered to the customer under the contract shall not extend over a period of two years from the date the contract is signed.
B. Any additional dance studio lessons or other services agreed to by the dance studio and the customer after an initial contract has been signed,  all or part of which are to be rendered during the term of the initial contract must,  together with the effective provisions of the initial contract,  be set forth in a new contract.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1744 - Contract; additional provisions required

44-1744.
Contract;  additional provisions required
Every contract for dance studio lessons and other services shall provide:
1. That the lessons will begin within thirty days.
2. That a contract with respect to new or increased dance studio lessons and other services,  which are not subject to prior agreements between the parties,  may be canceled within fifteen days after the date of receipt by the customer of a copy of the contract by written notice to the other party by registered mail return receipt requested at the address specified in the contract. All moneys paid pursuant to such contract shall be refunded within ten days of receipt of the notice of cancellation except that payment shall be made for any dance studio lessons and other services received prior to such cancellation.
3. A written statement of the hourly rate for the lessons and other services.
4. A conspicuous notice as follows:
" Notice to Customer
Do not sign this contract if any of the spaces intended for the agreed terms to the extent of then available information are left blank. You are entitled to a copy of this contract at the time you sign it.
You may cancel this contract within fifteen days of the time you receive a copy by written notice to the dance studio by registered mail return receipt requested at the address specified in the contract.
If you cancel the contract in the fifteen-day period,  you are entitled to a refund of your money less payment for dance lessons or services received before cancellation. Refunds must be made within ten days,  not including Sundays and holidays of receipt of the cancellation notice by the studio."
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1745 - Execution of notes; assignment; customer's defenses retained

44-1745.
Execution of notes;  assignment;  customer's defenses retained
A. No contract for dance studio lessons and other services shall require the execution of any note or series of notes by the customer which,  when separately negotiated,  will cut off as to third parties any right of action or defense which the customer may have against the dance studio.
B. No right of action or defense arising out of a contract for dance studio lessons and other services which the customer has against the dance studio shall be cut off by assignment of the contract whether or not the assignee acquires the contract in good faith and for value. Such an assignee is not a holder in due course.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1746 - Relief from payment

44-1746.
Relief from payment
A. Every contract for dance studio lessons and other services shall contain a clause providing that if,  by reason of death or disability,  the customer is unable to receive all lessons and other services for which the customer has contracted,  the customer or his estate shall be relieved from the obligation of making payment for lessons and other services other than those received prior to death or the onset of disability. If the customer has prepaid any sum for lessons and other services so much of such sum as is allocable to lessons and other services the customer has not taken shall be promptly refunded to the customer or his legal representative. Any dance studio contract terminated under the provisions of this section may provide for a servicing fee not to exceed ten per cent,  less interest or finance charges,  of the remaining balance of the contract.
B. Notwithstanding the provisions of any contract to the contrary,  whenever the contract price is payable in installments and the customer is relieved from making further payments or entitled to a refund under this section,  the amount of the contract price allocable to lessons and other services not received shall represent at least as great a proportion of the total contract price as the sum of the periodic monthly balances not yet due bears to the sum of all the periodic monthly balances under the schedule of installments in the contract.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1747 - Voidable contracts; waiver voidable; damages for violation of article

44-1747.
Voidable contracts;  waiver voidable;  damages for violation of article
A. Any contract for dance studio lessons and other services entered into in reliance upon any wilful and false,  fraudulent or misleading information,  representation,  notice or advertisement of the dance studio shall be voidable. Any contract for dance studio lessons and other services which does not comply with the applicable provisions of this article shall be voidable.
B. Any waiver of the customer of the provisions of this article shall be voidable.
C. Any customer injured by a violation of this article may bring an action for the recovery of damages. Judgment may be entered for the amount at which the actual damages are assessed plus reasonable attorney fees.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1748 - Violation of provisions of article; injunction

44-1748.
Violation of provisions of article;  injunction
A. The superior court of this state shall have jurisdiction in equity to restrain and enjoin the violation of any of the provisions of this article.
B. The duty to institute actions for violation of the provisions of this article,  including equity proceedings to restrain and enjoin such violations,  is hereby vested in the attorney general,  county attorneys and city attorneys. The attorney general,  any county attorney or any city attorney may institute equity proceedings.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1751 - Definitions

44-1751.
Definitions
In this article,  unless the context otherwise requires:
1. " Cost share"  means an insured's applicable coinsurance,  copayment and deductible requirement under a health plan based on the adjudicated claim.
2. " Pharmacy benefit manager"  has the same meaning prescribed in section 20-3321.
3. " Plan sponsor"  means an employer or organization that offers a group health plan to its employees or members.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1752 - Pharmacy benefits managers; prohibitions; applicability

44-1752.
Pharmacy benefits managers;  prohibitions;  applicability
A. A pharmacy benefits manager may not do any of the following:
1. Prohibit a pharmacist or pharmacy from providing an insured individual information on the amount of the insured's cost share for the insured's prescription drug and the clinical efficacy of a more affordable alternative drug if one is available. A pharmacy benefits manager may not penalize a pharmacy or pharmacist for disclosing such information to an insured or for selling to an insured a more affordable alternative if one is available.
2. Require a pharmacist or pharmacy to charge or collect from an insured a copayment that exceeds the total submitted charges by the network pharmacy.
B. To the extent that any provision of this section is inconsistent or conflicts with an applicable federal law,  rule or regulation,  the applicable federal law,  rule or regulation applies.
C. This section applies to all contracts between a pharmacy benefits manager and a pharmacy or a pharmacy's contracting representative or agent that are entered into or renewed on or after August 3,  2018.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1753 - Prescription medications; ninety-day fill; exceptions

44-1753.
Prescription medications;  ninety-day fill;  exceptions
A. A plan sponsor or pharmacy benefit manager may not prohibit a retail pharmacy in its network from dispensing a ninety-day fill of a prescription medication pursuant to Arizona state board of pharmacy rules and guidance if either:
1. A ninety-day fill of that medication is allowed by the plan sponsor's pharmacy benefit at any retail pharmacy and the retail pharmacy agrees to the reimbursement rate and the contractual requirements required by the plan sponsor or pharmacy benefit manager.
2. A ninety-day fill is required for that medication by the plan sponsor's pharmacy benefit and the retail pharmacy agrees to the reimbursement rate and the contractual requirements required by the plan sponsor or pharmacy benefit manager.
B. This section does not apply to:
1. Dispensing schedule II or III controlled substances.
2. The Arizona health care cost containment system administration and its contractors as defined in section 36-2901 to the extent the services are provided pursuant to title 36,  chapter 29 or 34.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1754 - Delivery of prescription drugs; disclosure; exception

44-1754.
Delivery of prescription drugs;  disclosure;  exception
A. A plan sponsor or pharmacy benefit manager may not prohibit a retail pharmacy from offering as an ancillary service of a pharmacy within the terms of the contract either of the following:
1. The limited delivery of prescription drugs by mail or common carrier to a patient.
2. The hand delivery of prescription drugs to a patient by an employee or contractor of the pharmacy.
B. A pharmacy may not charge the plan sponsor or pharmacy benefit manager for the delivery of a prescription to a patient pursuant to subsection A of this section unless specifically agreed on by the plan sponsor or pharmacy benefit manager.
C. A pharmacy shall disclose to the patient any fee that will be charged to the patient for the delivery of a prescription drug,  including that the fee may not be reimbursable by the plan sponsor or pharmacy benefit manager.
D. This section does not apply to the Arizona health care cost containment system administration and its contractors as defined in section 36-2901 to the extent the services are provided pursuant to title 36,  chapter 29 or 34.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1761 - Definitions

44-1761.
Definitions
In this article,  unless the context otherwise requires:
1. " Collector"  means a component of a solar energy device that is used to absorb solar radiation,  convert it to heat or electricity and transfer the heat to a heat transfer fluid or to storage.
2. " Distributed energy generation system" :
(a) Means a device or system that is used to generate or store electricity,  that has an electric delivery capacity,  singly or in connection with other similar devices or systems,  greater than one kilowatt or one kilowatt-hour,  and that is primarily for on-site energy consumption.
(b) Does not include an electric generator that is intended for occasional use.
3. " Energize"  or " energized"  means that the distributed energy generation system is installed and operational for its intended purposes of generating or storing electricity.
4. " Heat exchanger"  means a component of a solar energy device that is used to transfer heat from one fluid to another.
5. " Interconnected"  or " interconnection"  means a distributed energy generation system that is connected to the power grid and that is able to transfer electricity to the power grid.
6. " Seller or marketer"  means an individual or a company acting through its officers,  employees or agents that markets,  sells or solicits the sale,  financing or lease of distributed energy generation systems or negotiates or enters into agreements for the sale,  financing or lease of distributed energy generation systems.
7. " Solar daylighting"  means a device that is specifically designed to capture and redirect the visible portion of the solar beam spectrum,  while controlling the infrared portion,  for use in illuminating interior building spaces in lieu of artificial lighting.
8. " Solar energy device" :
(a) Means a system or series of mechanisms that is designed primarily to provide heating,  to provide cooling,  to produce electrical power,  to produce mechanical power,  to provide solar daylighting or to provide any combination of the foregoing by means of collecting and transferring solar generated energy into such uses either by active or passive means. Such systems may also have the capability of storing such energy for future utilization. Passive systems shall clearly be designed as a solar energy device such as a trombe wall and not merely a part of a normal structure such as a window.
(b) Includes a distributed energy generation system.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1762 - Solar energy device warranties; installation standards; inspections

44-1762.
Solar energy device warranties;  installation standards;  inspections
A. The collectors,  heat exchangers and storage units of a solar energy device that is sold or installed in this state or leased or financed under an agreement pursuant to section 44-1763,  and the installation of the solar energy device,  shall be warranted for a period of at least two years or shall include an energy production output guarantee provided pursuant to section 44-1763,  subsection A,  paragraph 4. The remaining components of the solar energy device and their installation shall be warranted for a period of at least one year.
B. Any person who manufactures,  furnishes for installation or installs a solar energy device shall provide with the device a written statement of warranty,  responsibilities assumed or disclaimed and performance data of the solar energy device and components of the solar energy device as prescribed by section 44-1763 as part of the agreement for the financing,  sale or lease of a solar energy device. The form of the statement required by this subsection is subject to approval by the registrar of contractors. The statement shall specify the source of any performance data it contains. A copy of the statement shall be delivered to the registrar of contractors where it shall be kept on public file.
C. A person who sells a solar energy device in this state shall furnish a certificate to the buyer that the solar energy device complies with the requirements of this section.
D. A solar energy device that is sold or installed in this state shall comply with all applicable state and federal consumer protection,  rating,  certification,  performance,  marking,  installation and safety standards that are required by section 44-1763.
E. An individual who installs a solar energy device in this state,  in addition to being a licensed solar contractor under title 32,  chapter 10,  article 4,  shall:
1. Possess the general license that is appropriate to the type of solar energy device that is installed. Installers of a solar water heater or a photovoltaic device shall possess an appropriate contractor's license.
2. Meet any education and training standards that have been adopted by the registrar of contractors.
3. Pass an examination on the installation of the type of device to be installed,  if the registrar of contractors has adopted such an examination.
F. Solar energy devices that are designed or installed by the final owner are exempt from the requirements of subsections A through E of this section.
G. The installation of a solar energy device shall meet the requirements of:
1. All applicable fire,  safety and building codes.
2. Consumer protection standards,  including any freeze protection and temperature related damage standards.
3. All other applicable federal,  state and local laws.
H. Contractors who fail to meet safety,  installation or other prescribed standards or the requirements of section 44-1763 are subject to disciplinary action under title 32,  chapter 10,  article 3.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1764 - Distributed energy generation systems; interconnection

44-1764.
Distributed energy generation systems;  interconnection
Any person who seeks to install,  energize or interconnect a distributed energy generation system must first submit a complete application for interconnection to the power grid to the utility that owns or operates the power grid at the point of interconnection. A person shall not install,  energize or interconnect the distributed energy generation system until the utility approves the application. If the utility does not approve or deny the application within sixty days after the filing date of the application,  the distributed energy generation system may be installed. The application must disclose the current owner of the distributed energy generation system and the owner of the distributed energy generation system at the time the system will be energized. The utility that owns or operates the power grid to which the distributed energy generation system is interconnected must receive notice of any changes in ownership of the distributed energy generation system. A utility with less than seventy-five thousand customers,  in its sole discretion,  may waive any of the requirements of this section.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1771 - Definitions

44-1771.
Definitions
In this article,  unless the context otherwise requires:
1. " Art dealer"  means a person engaged in the business of selling works of fine art,  other than a person exclusively engaged in the business of selling goods at public auction.
2. " Artist"  means the creator of a work of fine art.
3. " On consignment"  means delivered to an art dealer for the purpose of sale or exhibition,  or both,  to the public by the art dealer other than at a public auction.
4. " Work of fine art"  means an original or multiple original art work which is:
(a) A visual rendition,  including a painting,  drawing,  sculpture,  mosaic or photograph.
(b) A work of calligraphy.
(c) A work of graphic art,  including an etching,  lithograph,  offset print or silk screen.
(d) A craft work in materials,  including clay,  textile,  fiber,  wood,  metal,  plastic or glass.
(e) A work in mixed media,  including a collage or a work consisting of any combination of subdivisions (a) through (d).
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1772 - Art dealer and artist; relationship

44-1772.
Art dealer and artist;  relationship
If an art dealer accepts a work of fine art,  on a fee,  commission or other compensation basis,  on consignment from the artist who created the work of fine art:
1. The art dealer is,  with respect to that work of fine art,  the agent of the artist.
2. The work of fine art is trust property and the art dealer is trustee for the benefit of the artist until the work of fine art is sold to a bona fide third party or returned to the artist.
3. The proceeds of the sale of the work of fine art are trust property and the art dealer is trustee for the benefit of the artist until the amount due the artist from the sale is paid.
4. The art dealer is strictly liable for the loss of or damage to the work of fine art while it is in the art dealer's possession. The value of the work of fine art is,  for the purpose of this section,  the value established in a written agreement between the artist and art dealer prior to the loss or damage or,  if no written agreement regarding the value of the work of fine art exists,  the fair market value of the work of fine art.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1773 - Purchase or resale of consigned fine art by art dealer

44-1773.
Purchase or resale of consigned fine art by art dealer
A. If a work of fine art is trust property under section 44-1772 when initially received by the art dealer it remains trust property notwithstanding the subsequent purchase of the work of fine art by the art dealer directly or indirectly for the art dealer's own account until the purchase price is paid in full to the artist.
B. If the art dealer resells a work of fine art to which subsection A of this section applies to a bona fide third party before the artist has been paid in full,  the work of fine art ceases to be trust property and the proceeds of the resale are trust funds in the hands of the art dealer for the benefit of the artist to the extent necessary to pay any balance still due to the artist. The trusteeship of the proceeds continues until the fiduciary obligation of the art dealer with respect to the transaction is discharged in full.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1774 - Trust property exempt from claims of art dealer's creditors

44-1774.
Trust property exempt from claims of art dealer's creditors
Notwithstanding title 47,  no property which is trust property under section 44-1772 or 44-1773 is subject to the claims,  liens or security interests of the creditors of the art dealer.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1775 - Art dealer required to obtain written contract

44-1775.
Art dealer required to obtain written contract
A. An art dealer may accept a work of fine art,  on a fee,  commission or other compensation basis,  on consignment from the artist who created the work of fine art only if prior to or at the time of acceptance the art dealer enters into a written contract with the artist establishing:
1. The value of the work of fine art.
2. The time within which the proceeds of the sale are to be paid to the artist,  if the work of fine art is sold.
3. The minimum price for the sale of the work of fine art.
B. If an art dealer violates this section a court may,  at the request of the artist,  void the obligation of the artist to that art dealer or to a person to whom the obligation is transferred,  other than a holder in due course.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1776 - Art dealer; duties

44-1776.
Art dealer;  duties
A. An art dealer who accepts a work of fine art,  on a fee,  commission or other compensation basis,  on consignment from the artist who created the work of fine art may use or display the work of fine art or a photograph of the work of fine art or permit the use or display of the work of fine art or a photograph of the work of fine art only if:
1. Notice is given to users or viewers that the work of fine art is the work of the artist.
2. The artist gives prior written consent to the particular use or display.
B. An art dealer who sells a work of fine art which is on consignment for the purpose of sale shall transmit all monies due the artist on a monthly basis.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1778 - Civil penalty

44-1778.
Civil penalty
A. Any art dealer who violates section 44-1775 or section 44-1776,  subsection A is liable to the artist in an amount equal to:
1. Five hundred dollars.
2. The actual damages,  if any,  including the incidental and consequential damages,  sustained by the artist by reason of the violation and reasonable attorney fees.
B. An art dealer who violates section 44-1776,  subsection B is liable to the artist in an amount equal to three times the amount due the artist.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1791 - Definitions

44-1791.
Definitions
In this article,  unless the context otherwise requires:
1. " Contract for health spa services"  means a contract for membership in any health spa or for instruction,  training,  assistance or use of facilities primarily for physical exercise,  weight control or figure development.
2. " Health spa"  means an establishment which provides as its primary purpose services or facilities which are purported to assist patrons in physical exercise,  weight control or figure development.
3. " Operating day"  means any calendar day on which patrons may inspect and use the facilities and services of the health spa during a period of at least eight hours.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1792 - Exemption

44-1792.
Exemption
This article does not apply to:
1. Any private club owned and operated by its members,  any facility owned or operated by the state of Arizona or any of its political subdivisions,  any health spa operated by a fraternal or benevolent society organized under title 10,  chapter 19,  article 3 or a nonprofit corporation organized under title 10,  chapters 24 through 40,  or any health care institution licensed pursuant to title 36,  chapter 4.
2. Any health spa that does not require or in the ordinary course of business receive prepayment for services. For the purposes of this paragraph,  payment for health spa services received within the thirty-one days in which the services are to be rendered does not constitute prepayment. A health spa that intends to begin requiring or receiving prepayment for health spa services shall comply with this article.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1794 - Execution of notes; assignment; customer's defenses retained

44-1794.
Execution of notes;  assignment;  customer's defenses retained
A. A contract for health spa services shall not require the execution of any note or series of notes by the customer which,  if separately negotiated,  will cut off as to third parties any right of action or defense which the customer has against the health spa.
B. A right of action or defense arising out of a contract for health spa services which the customer has against the health spa shall not be cut off by assignment of the contract whether or not the assignee acquires the contract in good faith and for value.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1795 - Installment payments

44-1795.
Installment payments
A. A health spa may charge and accept a down payment not to exceed five per cent of the total contract price prior to opening of the health spa facility unless the seller maintains the same or similar facilities and services within ten miles of the customer's residence which the customer may use at no additional charge. A health spa shall not charge or accept a down payment which exceeds twenty per cent of the total contract price. However,  if such health spa has been in operation in Arizona for a period of two years or more and if the customer makes a written request to the health spa,  the customer may make a payment of up to one hundred per cent at the time of signing the contract. The customer shall receive a copy of the written request.
B. The balance of the total contract price shall be payable in equal periodic payments extending over the full term of the contract.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1796 - Voidable contracts; waiver voidable; damages

44-1796.
Voidable contracts;  waiver voidable;  damages
A. Any contract for health spa services entered into in reliance upon any false,  fraudulent or misleading information,  representation,  notice or advertisement of the health spa is voidable at the option of the customer. Any contract for health spa services which does not comply with the applicable provisions of this article is voidable at the option of the customer.
B. Any waiver by the customer of the provisions of this article is void.
C. Any customer injured by a violation of this article may bring an action for the recovery of damages,  reasonable attorney fees,  and,  if the violation is wilful,  punitive damages in the amount of two thousand five hundred dollars per violation.
D. The attorney general,  county attorneys,  city attorneys,  or any aggrieved customer may institute proceedings to restrain and enjoin violations of this article.
E. The provisions of this article are in addition to all other causes of action,  remedies and penalties available to this state or to the customer.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1797 - Definitions

44-1797.
Definitions
A. In this article,  unless the context otherwise requires:
1. " Contract for discount buying services"  means a written contract between one party who is purchasing the service for personal or family use and a discount buying organization by which the buyer for a consideration receives the right to obtain goods or services from the discount buying organization or to utilize the discount buying organization services in obtaining goods and services at discount prices.
2. " Control or any beneficial interest"  means possession of a financial interest in a discount buying organization sufficient to permit direct influence over the business affairs of the organization or possession of a financial interest in the discount buying organization's equity or debt liability.
3. " Discount buying organization"  or " organization"  means a person,  corporation,  unincorporated association or other organization that,  for a consideration,  provides or purports to provide its clients or the clients or members of any other discount buying organization with the ability to purchase goods or services at discount prices,  except that such organization does not include:
(a) A discount buying organization in which the total consideration paid by each client or member in any manner whatsoever for the purchase of discount buying services from such organization does not exceed a one-time fee of fifty dollars or an annual fee of fifty dollars to be paid on a yearly basis.
(b) A discount buying organization in which a person receives incidental discount buying services as part of a package of services provided to or available to such person on account of his membership in such organization,  which is not organized for the profit of any person or corporation and which does not have as one of its primary purposes or businesses the provision of discount buying services.
4. " Discount prices"  means prices which are represented to be lower on most or all offered goods or services than those generally charged for such items in the locality in which the representation is made.
5. " Pro rata refund"  means the actual amount paid for the discount buying services excluding interest,  less the product of the actual amount paid for the discount buying services excluding interest multiplied by a fraction,  the numerator of which is the number of months the person was a member of the discount buying organization and the denominator of which is thirty.
B. This section does not attempt to define the degree of savings which must be offered on an item or selection of items in order to truthfully and without misleading consumers represent an item,  selection of items or entire store as being " discount"  or " discounted" .
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1797.01 - Bond; amount; copy; conflict of interest

44-1797.01.
Bond;  amount;  copy;  conflict of interest
Each discount buying organization shall maintain a bond in the principal sum of thirty thousand dollars for each outlet of such discount buying organization where contracts for discount buying services are sold or orders for goods are taken. The bond shall be executed by the discount buying organization as principal and issued by a surety company admitted to do business in this state according to the provisions of title 20,  chapter 6,  article 8. The organization shall file the bond with the state treasurer. No control or beneficial interest may be held by the discount buying organization in the surety company and vice versa.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1797.02 - Bond; beneficiaries; actions; liability; cancellation

44-1797.02.
Bond;  beneficiaries;  actions;  liability;  cancellation
A. The bond required by section 44-1797.01 shall be in favor of this state to be held in trust by the state treasurer for the benefit of any person who suffers financial damage as a result of any violation of this article or by fraud or dishonesty or failure to provide the services of the discount buying organization in the performance of the contract. Any person making a claim against the bond may maintain an action against the discount buying organization and the surety,  except that the surety is liable only for the actual damages plus restitution and not the treble damages permitted under section 44-1797.16. The surety bond may be sued upon successive actions until the full amount is exhausted. A person may not commence suit on the bond after the expiration of four years following the act or omission on which the suit is based. Subject to the limitations in this article,  a surety shall be liable for damages for any act or omission occurring during the time its bond is in effect.
B. The aggregate liability of the surety to all persons for all breaches of the conditions of the bond provided in this section may not exceed the amount of the bond.
C. A surety for any cause may cancel the bond by giving sixty days' written notice of the cancellation to the state treasurer,  attorney general and the discount buying organization. The surety shall give the notice by certified mail. On or before the effective date of the cancellation of the bond,  the discount buying organization shall either obtain a new bond which meets the requirements of this section and section 44-1797.01 and file a copy of the new bond with the state treasurer or make a cash deposit in lieu of a bond as provided in section 44-1797.03.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1797.03 - Cash deposit in lieu of bond

44-1797.03.
Cash deposit in lieu of bond
A. In lieu of furnishing the bond as required by section 44-1797.01,  the seller may deposit with the state treasurer a cash deposit in a like amount or by any of the following:
1. Certificates of deposit issued by banks doing business in this state and insured by the federal deposit insurance corporation.
2. Investment certificates for share accounts issued by a savings and loan association or credit union doing business in this state and insured by the federal savings and loan insurance corporation or the national credit union administration,  whichever appropriate.
3. Bearer bonds issued by the United States government or by this state.
B. The financial instruments cited in the foregoing paragraphs shall be assigned to the state treasurer for the principal amount with any interest earned assigned to the depositor.
C. The state treasurer shall maintain cash deposited pursuant to this section in an interest bearing trust account on behalf of the depositor. Deposits plus accrued interest may be withdrawn,  if there are no outstanding claims against them,  two years after the discount buying organization ceases to do business as such in this state. Deposits may be withdrawn sixty days after the filing of a surety bond as a replacement to the cash deposit.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1797.08 - Prohibition of notes cutting off, as to third parties, buyer's right of action or defense against seller

44-1797.08.
Prohibition of notes cutting off,  as to third parties,  buyer's right of action or defense against seller
No contract for discount buying services may require or entail the execution of any note or series of notes by the buyer which,  if separately negotiated,  will cut off as to any third party any right of action or defense which the buyer may have against the seller.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1797.09 - Prohibition against assignment or transfer of contract cutting off buyer's right of action or defense against organization

44-1797.09.
Prohibition against assignment or transfer of contract cutting off buyer's right of action or defense against organization
No right of action or defense arising out of a contract for discount buying services which the buyer has against the discount buying organization may be cut off by assignment or transfer of the contract to any third party.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1797.10 - Receipt of payment or monies; delivery or availability of goods; time; refund; trust account; deposits and withdrawals

44-1797.10.
Receipt of payment or monies;  delivery or availability of goods;  time;  refund;  trust account;  deposits and withdrawals
A. Each contract for discount buying services shall provide that if any goods ordered by the buyer from the seller are not delivered to the buyer or available for pickup by the buyer at a location within his county of residence within one hundred twenty days from the date the buyer placed an order for such goods,  any monies paid by the buyer for such goods in advance of delivery shall,  on the buyer's request,  be fully refunded unless a predetermined delivery date has been furnished to the buyer in writing at the time he ordered such goods and the goods are delivered to the buyer or are available for pickup by that date or if the buyer has waived his right to a refund in writing.
B. Before receiving monies for an order of goods or services from any buyer,  the discount buying organization shall establish a trust account at a federally insured bank,  savings and loan association or credit union for the deposit of the monies. The discount buying organization shall deposit into the account all monies received from buyers for orders of goods or services regardless of how the monies are styled,  including down payment,  partial payment,  payment in full,  freight charge or any other terms. If the total cost of goods or services ordered by a buyer on any one day does not exceed fifty dollars,  including taxes,  freight charges,  delivery charges,  markup and all other charges collected by the discount buying organization,  the monies received from the buyer need not be deposited in the trust account.
C. The trust account required by this section shall be created and maintained for the benefit of buyers who order goods or services from or through the discount buying organization. The discount buying organization shall not in any manner encumber the corpus of the account and shall not withdraw monies deposited in the account on behalf of a buyer except:
1. In partial or full payment to the discount buying organization's source for the goods or services ordered by the buyer.
2. To make a refund to the buyer. After the withdrawal of monies from a buyer's deposit pursuant to this subsection,  only that portion of the remainder of the deposit which represents compensation to the discount buying organization may be withdrawn.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1797.11 - Cancellation of contract; time; definition

44-1797.11.
Cancellation of contract;  time;  definition
A. Each contract for discount buying services shall further provide that such contract may be canceled at any time within three business days after the date of receipt by the buyer of a copy of the contract,  such time to be computed exclusive of the date of receipt of the contract.
B. Cancellation occurs when the buyer gives written notice of cancellation in person or by telegram to the seller at the address specified for notice of cancellation provided by the seller or when such written notice bearing such address is deposited in the United States mail by either ordinary mail or registered mail. Notice of cancellation is effective as of the date of the postmark affixed by the United States postal service.
C. Notice of cancellation given by the buyer is effective if it indicates the intention on the part of the buyer not to be bound by the contract for discount buying services. Monies paid pursuant to the contract in excess of twenty-five dollars shall be refunded within fifteen business days of the date notice of cancellation is given.
D. Every contract for discount buying services shall be subject to the cancellation privileges provided by this article.
E. For the purposes of this section,  " business days"  does not include Sundays or the federal holidays of New Year's Day,  Memorial Day,  Independence Day,  Labor Day,  Columbus Day,  Veterans' Day,  Thanksgiving Day,  Christmas Day,  or Washington's Birthday.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1797.12 - Voidable contracts; reference to compliance with article

44-1797.12.
Voidable contracts;  reference to compliance with article
A. A contract for discount buying services which does not comply with the applicable provisions of this article is voidable by the buyer.
B. No discount buying organization may make or authorize the making of any reference to its compliance with this article.