reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21C - Sale of Recreational Vehicles. › Section 8-21C-8 - Indemnification.

Section 8-21C-8
Indemnification.
Notwithstanding the terms of any manufacturer and dealer agreement:
(1) A warrantor shall indemnify and hold harmless its dealer against any losses or damages to the extent such losses or damages are caused by the negligence or willful misconduct of the warrantor. The dealer shall provide to the warrantor a copy of any pending lawsuit or similar proceeding in which allegations are made that come within this subsection within 10 days after receiving such suit.
(2) A dealer shall indemnify and hold harmless its warrantor against any losses or damages to the extent such losses or damages are caused by the negligence or willful misconduct of the dealer. The warrantor shall provide to the dealer a copy of any pending lawsuit or similar proceeding in which allegations are made that come within this subsection within 10 days after receiving such suit.
(Act 2011-636, p. 1529, §8.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21C - Sale of Recreational Vehicles. › Section 8-21C-9 - Notification of Pre-Delivery Damage.

Section 8-21C-9
Notification of pre-delivery damage.
(a) Whenever a new recreational vehicle is damaged prior to transit to the dealer or is damaged in transit to the dealer when the carrier or means of transportation has been selected by the manufacturer or distributor, the dealer shall notify the manufacturer or distributor of the damage within the time frame specified in the manufacturer and dealer agreement and shall do either of the following:
(1) Request from the manufacturer or distributor authorization to replace the components, parts, and accessories damaged or otherwise correct the damage.
(2) Reject the vehicle within the time frame set forth in subsection (d).
(b) If the manufacturer or distributor refuses or fails to authorize repair of the damage within 10 days after receipt of notification, or if the dealer rejects the recreational vehicle because of damage, ownership of the new recreational vehicle shall revert to the manufacturer or distributor.
(c) The dealer shall exercise due care while having custody of the damaged recreational vehicle, but the dealer shall have no other obligations, financial or otherwise, with respect to that recreational vehicle.
(d) The time frame for inspection and rejection by the dealer must be part of the manufacturer and dealer agreement and may not be less than two business days after the physical delivery of the recreational vehicle.
(e) Any recreational vehicle that, at the time of delivery to the dealer, has an unreasonable amount of miles on its odometer, as determined by the dealer, may be subject to rejection by the dealer and reversion of the vehicle to the manufacturer or distributor. In no instance shall a dealer deem an amount less than the distance between the dealer and the manufacturer's factory or a distributor's point of distribution, plus 100 miles, as unreasonable.
(Act 2011-636, p. 1529, §9.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 21C - Sale of Recreational Vehicles. › Section 8-21C-10 - Coercion Prohibited.

Section 8-21C-10
Coercion prohibited.
(a) A manufacturer or distributor may not coerce or attempt to coerce a dealer to do any of the following:
(1) Purchase a product that the dealer did not order.
(2) Enter into an agreement with the manufacturer or distributor.
(3) Enter into an agreement that requires the dealer to submit its disputes to binding arbitration or otherwise waive rights or responsibilities provided under this chapter.
(b) As used in this section, the term coerce includes, but is not limited to, threatening to terminate, cancel, or not renew a manufacturer and dealer agreement without good cause or threatening to withhold product lines the dealer is entitled to purchase pursuant to the manufacturer and dealer agreement or delay product delivery as an inducement to amending the manufacturer and dealer agreement.
(Act 2011-636, p. 1529, §10.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 22 - Motor Fuel Marketing. › Section 8-22-2 - Legislative Findings.

Section 8-22-2
Legislative findings.
The Legislature makes the following findings with respect to the marketing of motor fuel in Alabama:
(1) Marketing of motor fuel is affected with the public interest.
(2) Unfair competition in the marketing of motor fuel occurs whenever costs associated with the marketing of motor fuel are recovered from other operations, allowing the refined motor fuel to be sold at subsidized prices. Such subsidies most commonly occur in one of three ways: when refiners use profits from refining of crude oil to cover below normal or negative returns earned from motor fuel marketing operations; and where a marketer with more than one location uses profits from one location to cover losses from below-cost selling of motor fuel at another location.
(3) Independent motor fuel marketers (i.e., dealers, distributors, jobbers, and wholesalers) are unable to survive predatory subsidized pricing at the marketing level by persons when all of an independent's income comes from marketing operations.
(4) Subsidized pricing is inherently predatory and is reducing competition in the petroleum industry, and if it continues unabated, will ultimately threaten the consuming public.
(Acts 1984, No. 84-260, p. 433, §2; Act 2015-225, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 22 - Motor Fuel Marketing. › Section 8-22-3 - Legislative Declaration and Intent.

Section 8-22-3
Legislative declaration and intent.
It is hereby declared that marketing of motor fuel in Alabama is affected with the public interest. It is hereby declared to be the legislative intent to encourage fair and honest competition, and to safeguard the public against creation of monopolies or unfair methods of competition, in transactions involving the sale of, or offer to sell, or inducement to sell motor fuel in the wholesale and retail trades in this state. It is further declared that the advertising, offering for sale, or sale of motor fuel below cost or at a cost lower than charged other persons on the same marketing level with the intent of injuring competitors or destroying or substantially lessening competition is an unfair and deceptive trade practice. The policy of the state is to promote the general welfare through the prohibition of such sales. The purpose of the Motor Fuel Marketing Act is to carry out that policy in the public interest, providing for exceptions under stated circumstances, providing for enforcement and providing penalties.
(Acts 1984, No. 84-260, p. 433, §3.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 22 - Motor Fuel Marketing. › Section 8-22-5 - Oil Transfer Price Disclosure Required.

Section 8-22-5
Oil transfer price disclosure required.
All persons engaged in commerce in this state are required to disclose, upon request, their transfer prices on each grade of motor fuel transferred or sold to itself or an affiliate for resale at another marketing level of distribution. Such disclosure shall only be made to those persons affected by such transfer prices or in any legal proceedings arising from this chapter.
(Acts 1984, No. 84-260, p. 433, §5.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 22 - Motor Fuel Marketing. › Section 8-22-6 - Certain Below Cost Fuel Sales Prohibited.

Section 8-22-6
Certain below cost fuel sales prohibited.
It shall be unlawful for any person engaged in commerce in this state to sell or offer to sell motor fuel below cost or to sell or offer to sell it at a price lower than the seller charges other persons on the same day and on the same level of distribution, within the same market area, where the effect is to injure competition.
(Acts 1984, No. 84-260, p. 433, §6.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 22 - Motor Fuel Marketing. › Section 8-22-7 - Certain Below Cost Fuel Transfers Prohibited.

Section 8-22-7
Certain below cost fuel transfers prohibited.
It shall be unlawful for any person engaged in commerce in this state to sell or transfer motor fuel to itself or an affiliate for resale at another marketing level of distribution at a transfer price that is below cost or lower than the price it charges a person who purchases for resale on the same day and at the same distribution level, within the same market area, where the effect is to injure competition.
(Acts 1984, No. 84-260, p. 433, §7.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 22 - Motor Fuel Marketing. › Section 8-22-8 - Certain Sales and Transfer Price Differentials Authorized.

Section 8-22-8
Certain sales and transfer price differentials authorized.
(a) It is not a violation of this chapter if a difference exists between the transfer price or sales price of motor fuel of like grade and quality and the price charged to a person who purchases for resale at the same level of distribution, including any discounts, rebates, allowances, services, facilities granted any of a supplier's own marketing operations in excess of those provided to a person who purchases for resale at the same level of distribution, if the lower price is due to a cost differential incurred because of a difference in shipping method, transportation, marketing, sale or quantity, in which such motor fuel is sold.
(b) It is not a violation of this chapter if any price is established in good faith to meet an equally low price of a competitor in the same market area on the same level of distribution selling the same or a similar product of like grade and quality or is exempt under Section 8-22-13.
(c) It is not a violation of this chapter for a retailer to offer to sell, or sell, motor fuel in a combined sale with other goods when the retailer's combined selling price is not below the cost to the retailer of all motor fuel and other goods included in the transactions. A combined sale permitted by this chapter includes both contemporaneous sales and also sales or series of sales that are not contemporaneous, including where the purchaser receives accrued discounts or credits on motor fuel as a result of the purchaser's earlier purchases of other goods from the retailer.
(Acts 1984, No. 84-260, p. 433, §8; Act 2015-225, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 22 - Motor Fuel Marketing. › Section 8-22-9 - Unlawful Acts Generally.

Section 8-22-9
Unlawful acts generally.
It shall be unlawful under this section:
(1) For any person engaged in commerce in this state to sell or offer to sell motor fuel at wholesale or retail, as the case may be, where the effect is to injure competition.
(2) For any person, where the effect is to injure competition, to offer a rebate, to offer to give a rebate, to offer a concession of any kind in connection with the sale of motor fuel.
(3) For any retailer to induce or attempt to induce or to procure or attempt to procure the purchase of motor fuel at a price less than cost to wholesaler. Any person who violates any provision of this section shall be subject to the provisions and penalties of this chapter.
(Acts 1984, No. 84-260, p. 433, §9.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 22 - Motor Fuel Marketing. › Section 8-22-10 - Below Cost Combined Selling Price of Motor Fuel and Promotional Gifts, etc., Prohibited.

Section 8-22-10
Below cost combined selling price of motor fuel and promotional gifts, etc., prohibited.
In all advertisements, offers for sale or sales involving two or more items, at least one of which items is motor fuel, at a combined price, and in all advertisements, offers of sale, or sales, involving the giving of any gift or concession of any kind whatsoever (whether it be coupons or otherwise), the wholesaler's or retailer's combined selling price shall not be below the cost to the wholesaler or the cost to the retailer, respectively, of the total of all motor fuel and other goods.
(Acts 1984, No. 84-260, p. 433, §10; Act 2015-225, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 22 - Motor Fuel Marketing. › Section 8-22-11 - Sales Between Wholesalers.

Section 8-22-11
Sales between wholesalers.
When one wholesaler sells motor fuel to any other wholesaler, the former shall not be required to include in his selling price to the latter "cost to the wholesaler" as provided by Section 8-22-4, but the latter wholesaler, upon resale to a retailer, shall be subject to the provisions of said section.
(Acts 1984, No. 84-260, p. 433, §11.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 22 - Motor Fuel Marketing. › Section 8-22-12 - Applicability of Chapter Generally.

Section 8-22-12
Applicability of chapter generally.
(a) The provisions of the Motor Fuel Marketing Act shall not apply to a sale at wholesale or a sale at retail made
(1) In an isolated transaction and not in the usual course of business;
(2) Where motor fuels are advertised, offered for sale, or sold in a bona fide clearance sale for the purpose of discontinuing trade in such motor fuel, and said advertising, offer to sell, or sale shall state the reason thereafter and the quantity of such motor fuel advertised, offered for sale, or to be sold;
(3) Where motor fuel is advertised, offered for sale, or sold as imperfect or damaged, and said advertising, offer of sale or sale shall state the reason therefor and the quantity of such motor fuel advertised, offered for sale, or to be sold;
(4) Where motor fuel is sold upon the final liquidation of a business; or
(5) Where motor fuel is advertised, offered for sale, or sold by any fiduciary or other officer under the order or direction of any court.
(b) The notice required to be given under this section shall not be sufficient unless the subject of such sales is kept separate from other stocks and clearly and legibly marked with the reason for such sales, and any advertisement of such goods must indicate the same facts and the quantity to be sold.
(Acts 1984, No. 84-260, p. 433, §12.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 22 - Motor Fuel Marketing. › Section 8-22-13 - Competitive Sales, Etc.

Section 8-22-13
Competitive sales, etc.
(a) Any wholesaler may advertise, offer to sell, or sell motor fuel at a price made in good faith to meet the price of a competitor who is rendering the same type service and is selling the same article at cost to the said competing wholesaler as defined in this chapter. Any retailer may advertise, offer to sell, or sell motor fuel at a price made in good faith to meet the price of a competitor who is selling the same article at cost to the said competing retailer as defined in this chapter. The price of motor fuel advertised, offered for sale, or sold under the exceptions specified in Section 8-22-12 shall not be considered the price of a competitor and shall not be used as a basis for establishing prices below cost, nor shall the price established at a bankrupt sale be considered the price of a competitor within the purview of this section.
(b) In the absence of proof of the actual cost to the said competing wholesaler or the said competing retailer, as the case may be, such cost may be presumed to be the lowest cost to wholesalers or the lowest cost to retailers, as the case may be, within the same market area as determined by a cost survey made pursuant to subsection (b) of Section 8-22-15.
(Acts 1984, No. 84-260, p. 433, §13.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 22 - Motor Fuel Marketing. › Section 8-22-14 - Contracts Violative of Chapter Rendered Void and Unenforceable.

Section 8-22-14
Contracts violative of chapter rendered void and unenforceable.
Any contract, express or implied, made by any person in violation of any of the provisions of this chapter, is illegal and void and no recovery shall be had thereon.
(Acts 1984, No. 84-260, p. 433, §14.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 22 - Motor Fuel Marketing. › Section 8-22-15 - Determination of Cost to Wholesaler, Etc.

Section 8-22-15
Determination of cost to wholesaler, etc.
(a) In determining cost to the wholesaler and cost to the retailer, the court of jurisdiction shall receive and consider as bearing on the bona fides of such cost, evidence tending to show that any person complained against under this chapter purchased the motor fuel involved in the complaint, at a fictitious price, or upon terms, or in such a manner, or under such invoices, as to conceal the true costs, discounts or terms of purchase, and shall also receive and consider as bearing on the bona fides of such costs, evidence of the normal, customary and prevailing terms and discounts in connection with other sales of a similar nature in the market area.
(b) Where a cost survey pursuant to recognized statistical and cost accounting practices has been made for a market area in which a violation of this chapter is committed or charged, to determine and establish on the basis of actual existing conditions the lowest cost to wholesalers or the lowest cost to retailers within the said area, the said cost survey shall be deemed competent evidence in any action or proceeding under this chapter as tending to prove actual cost to the wholesaler or actual cost to the retailer complained against, but any party against whom any such cost survey may be introduced in evidence shall have the right to offer evidence tending to prove any inaccuracy of such cost survey or any state of facts which would impair its probative value.
(Acts 1984, No. 84-260, p. 433, §15.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 22 - Motor Fuel Marketing. › Section 8-22-17 - Equity Action by Person Injured From Violation of Chapter Authorized; Injunctive Relief; Damages; Attorneys Fees; Jurisdiction.

Section 8-22-17
Equity action by person injured from violation of chapter authorized; injunctive relief; damages; attorneys fees; jurisdiction.
(a) Any person injured by any violation, or who would suffer injury from any threatened violation, of this chapter may maintain an action in any court of equity jurisdiction to prevent, restrain, or enjoin such violation or threatened violation. If in such action a violation or threatened violation of this chapter shall be established, the court shall enjoin and restrain, or otherwise prohibit, such violation or threatened violation and, in addition thereto, the court shall assess in favor of the plaintiff and against the defendant the costs of suit, including reasonable attorney's fees. In such action it shall not be necessary that actual damages to the plaintiff be alleged or proved, but where alleged and proved, the plaintiff in said action, in addition to such injunctive relief and cost of suit, including reasonable attorney's fees, shall be entitled to recover from the defendant the damages sustained by him.
(b) A person injured as a result of an act or practice which violates this chapter may bring a civil action for appropriate relief, including an action for a declaratory judgment, injunctive relief, and for actual damages. Any actual damages found to have resulted from violations of this chapter shall be trebled by the court in making its award. Any action under this subsection shall be brought within two years after the alleged violations occurred.
(c) The court, in making an award under subsection (b) of this section, may award court costs and reasonable attorney's fees to the prevailing party.
(d) The courts of this state are empowered with jurisdiction to hear and determine all cases brought under this section. Venue lies in any county where the defendant or any of them resides or does business or where the cause of action accrues.
(Acts 1984, No. 84-260, p. 433, §17.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 22 - Motor Fuel Marketing. › Section 8-22-16 - Penalties.

Section 8-22-16
Penalties.
(a) Any person who violates this chapter shall be subject to a civil penalty not to exceed ten thousand dollars ($10,000) per violation for each offense. Any such person shall also be liable for attorney fees and shall be subject to injunctive relief. Each day that a violation of this chapter occurs shall be considered as a separate violation.
(b) The penalty may be assessed and recovered in a civil action brought by the Attorney General, or by any district attorney in any court of competent jurisdiction. If brought by a district attorney, 30 percent of the penalty shall be paid to the office of the district attorney which brought the action and 70 percent of the penalty shall be paid to the treasury of the county in which the judgment was entered. If brought by the Attorney General, one-half of the penalty shall be paid to the treasury of the county where the action was brought and one-half shall be paid to the State Treasury.
(Acts 1984, No. 84-260, p. 433, §16; Acts 1994, No. 94-699, p. 1353, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 22 - Motor Fuel Marketing. › Section 8-22-18 - Prima Facie Showing of Violation of Chapter.

Section 8-22-18
Prima facie showing of violation of chapter.
In any action brought under Sections 8-22-15, 8-22-16 or 8-22-17, upon a prima facie showing of a violation, the burden of rebutting the prima facie case thus made by showing justification shall shift to the defendant. A prima facie showing of a violation shall be constituted if the plaintiff shows:
(1) That the plaintiff's purchase price from a refiner or wholesaler is greater than said refiner's transfer price; or
(2) That the plaintiff's purchase price from a refiner or wholesaler plus the plaintiff's cost of doing business is greater than said refiner's or wholesaler's retail posted sales price; or
(3) That the plaintiff's basic cost of motor fuel plus the plaintiff's cost of doing business is greater than the posted sales price at a retail location of a competitor, within the plaintiff's marketing area, suspected of selling motor fuel in violation of this chapter.
(Acts 1984, No. 84-260, p. 433, §18.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 23 - Health Studio Services. › Section 8-23-1 - Legislative Findings and Declaration.

Section 8-23-1
Legislative findings and declaration.
The Legislature finds and declares that there exist in connection with a substantial number of contracts for health studio services certain practices and business and financing methods which have worked undue financial hardship upon some of the citizens of our state, and that existing legal remedies are inadequate to correct existing problems in the industry. The Legislature finds and declares that the health studio industry has a significant impact upon the economy and well-being of the people of the state and that the provisions of this chapter regulating health studio contracts are necessary for the public welfare.
(Acts 1984, No. 84-297, p. 661, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 23 - Health Studio Services. › Section 8-23-2 - Definitions.

Section 8-23-2
Definitions.
For purposes of this section, the following terms shall have the following meanings, unless the context requires otherwise:
(1) HEALTH STUDIO. Includes any person, firm, corporation, organization, club, or association engaged in the sale of instruction, training, or assistance in a program of physical exercise or weight reduction, which may include the use of a sauna, whirlpool bath, weight lifting room, massage, steam room, or other exercising or weight reduction machine or device. The term also includes any person, firm, corporation, organization, or association engaged in the sale of the right or privilege to use exercise or weight reduction equipment or facilities, such as a sauna, whirlpool bath, weight lifting room, massage, steam room, or other exercising or weight reduction machine or device. "Health studio" does not include bona fide nonprofit organizations which have been granted tax exempt status by the Internal Revenue Service, including but not limited to, the Young Men's Christian Association, Young Women's Christian Association, or other similar organizations, whose functions as health studios are only incidental to their overall functions and purposes.
(2) HEALTH STUDIO SERVICES. Includes services, privileges, or rights offered for sale or provided by a "health studio."
(3) DIVISION. The Consumer Division of the office of Attorney General.
(Acts 1984, No. 84-297, p. 661, §2.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 23 - Health Studio Services. › Section 8-23-3 - Registration of Health Studio Sales Persons; Resident Agent; Security Bond.

Section 8-23-3
Registration of health studio sales persons; resident agent; security bond.
(a) Each person who sells health studio services in this state shall register with the Attorney General's Consumer Protection Division on forms the division provides. The person shall furnish the full name and address of each business location where health studio services are sold as well as any other registration information the division deems appropriate.
(b) There shall be one registered agent representing each seller of health studio services in the county where a studio is located and shall serve as a resident agent for receipt of service of process.
(c) The division may bring an action for mandamus against a health studio to require the club to register or to have and maintain the surety required by this section.
(d) Every health studio which sells contracts for health studio services to be rendered at a planned health studio or a health studio under construction shall purchase a security bond in an amount not less than $50,000, or shall file with the division an irrevocable letter of credit by a surety company or lending institution permitted to do business in the state.
(e) A buyer of health studio services who suffers or sustains any loss or damage by reason of breach of contract or bankruptcy by the seller of the health studio services contract may bring an action based on the bond and recover against the surety.
(f) The liability of the surety under any bond may not exceed the aggregate amount of the bond, regardless of the number of amount of claims filed.
(g) If the claims filed should exceed the amount of the bond, the surety shall pay the amount of the bond to the division for distribution to claimants entitled to restitution and shall be relieved of all liability under the bond.
(h) Any person or business bonded under this section shall maintain accurate records of the bond and of premium payments on it. These records shall be open to inspection by the division at any time during normal business hours.
(Acts 1984, No. 84-297, p. 661, §3.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 23 - Health Studio Services. › Section 8-23-4 - Health Studio Services Contracts - Composition.

Section 8-23-4
Health studio services contracts - Composition.
Every contract for the sale of health studio services shall contain the following:
(1) Provisions for the penalty-free cancellation of the contract within three days, exclusive of holidays and weekends, of its making, upon the mailing or delivery of written notice to the health studio, and refund upon such notice of all moneys paid under the contract, except that the health studio may retain an amount computed by dividing the number of complete days in the contract's term or, if appropriate, the number of occasions health studio services are to be rendered, into the total contract price and multiplying the result by the number of complete days that have passed since the contract's making or, if appropriate, by the number of occasions that health studio services have been rendered.
(2) Provision for the cancellation of the contract if the health studio goes out of business and fails to provide facilities within five miles or moves its facilities more than five miles from the location designated in such contract, upon written notice by the buyer, with refund upon such notice of funds paid or accepted in payment of the contract or in an amount computed by dividing the contract price by the number of weeks of the contract's term and multiplying the result by the number of weeks remaining in the contract's term.
(3) Provision for the cancellation of the contract if the buyer dies or becomes totally and permanently disabled during the membership term following the date of such contract, with refund of funds paid or accepted in payment of the contract in an amount computed by dividing the contract price by the number of weeks of the contract's term and multiplying the result by the number of weeks remaining in the contract's term. The contract may require a buyer or the buyer's estate seeking relief under this subsection to provide reasonable proof of total and permanent disability or death.
(4) Provision that period over which the contract is financed shall not be for a period in excess of 24 months.
(5) Buyer has the right to rescind this agreement within a 30-day period after the facility becomes fully operational if there has been any misrepresentation concerning the facilities that would be available to said buyer.
(6) Provision that in the event that buyer moves out of town and there exists no affiliated facility within a 15-mile radius of buyer's new location the contract or membership agreement may be cancelled at buyer's option. On an installment sales contract a pro rata refund must be available at buyer's option.
(Acts 1984, No. 84-297, p. 661, §4.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 23 - Health Studio Services. › Section 8-23-5 - Health Studio Services Contracts - Written Contract Required; Rights of Buyer.

Section 8-23-5
Health studio services contracts - Written contract required; rights of buyer.
Upon entering into a contract for health studio services, the buyer shall be provided with a written contract, which shall include the name, address, and primary place of business of the health studio. Prior to entering into any such contract, the health studio shall also provide the buyer with a current copy of any rules and regulations applicable to the buyer's use of the health studio.
(1) If a health studio facility is not in existence on the date the health studio contract is executed, the buyer may cancel the contract in the event the facility is not open for business on the date as provided by the contract.
(2) If the buyer cancels under this section, the health studio facility shall refund any deposit, down payment, or payment on the contract.
(Acts 1984, No. 84-297, p. 661, §5.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 23 - Health Studio Services. › Section 8-23-6 - Applicability of Chapter.

Section 8-23-6
Applicability of chapter.
The provisions of this chapter shall not apply to any contracts for health studio services entered into before August 13, 1984, or to the subsequent renewals of said contracts.
(Acts 1984, No. 84-297, p. 661, §6.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 23 - Health Studio Services. › Section 8-23-7 - Assignment of Contract; Notice.

Section 8-23-7
Assignment of contract; notice.
No right of action or defense arising out of a contract for health studio services which the buyer has against the seller, and which would be cut off by assignment, shall be cut off by assignment of the contract to any third party whether or not he acquires the contract in good faith and for value unless the assignee gives notice of the assignment to the buyer as provided in this section and within 30 days of the mailing of notice receives no written notice of the facts giving rise to the claim or defense of the buyer. A notice of assignment shall be in writing addressed to the buyer at the address shown on the contract and shall identify the contract and inform the buyer that he must, within 30 days of the date of mailing of the notice, notify the assignee in writing of any facts giving rise to a claim or defense which he may have. The notice of assignment shall state the name of the seller and buyer, a description of the services, the contract balance and the number and amount of the installments.
(Acts 1984, No. 84-297, p. 661, §7.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 23 - Health Studio Services. › Section 8-23-8 - Restriction of Right of Action of Buyer Prohibited.

Section 8-23-8
Restriction of right of action of buyer prohibited.
No contract for health studio services shall require or entail the execution of any note or series of notes by the buyer which when separately negotiated will cut off as to the parties any right of action or defense which the buyer may have against the seller.
(Acts 1984, No. 84-297, p. 661, §8.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 23 - Health Studio Services. › Section 8-23-9 - Effect of Noncompliance With Chapter.

Section 8-23-9
Effect of noncompliance with chapter.
Any contract for health studio services which does not comply with the applicable provisions of this chapter shall be void and unenforceable as contrary to public policy.
(Acts 1984, No. 84-297, p. 661, §9.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 23 - Health Studio Services. › Section 8-23-10 - Supervision and Enforcement of Chapter.

Section 8-23-10
Supervision and enforcement of chapter.
Supervision and enforcement of the provisions of this chapter shall rest with the Attorney General and district attorneys of the several judicial circuits where such health studios are situated, respectively.
(Acts 1984, No. 84-297, p. 661, §10.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 23 - Health Studio Services. › Section 8-23-12 - Chapter Not Exclusive.

Section 8-23-12
Chapter not exclusive.
Provisions of this chapter are not exclusive and do not relieve the parties or contracts subject thereto from compliance with all other applicable laws.
(Acts 1984, No. 84-297, p. 661, §12.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 23 - Health Studio Services. › Section 8-23-13 - Noncompliance With Chapter Constitutes Unfair Trade Practice.

Section 8-23-13
Noncompliance with chapter constitutes unfair trade practice.
Failure to comply with the provisions of this chapter is an unfair or deceptive trade practice.
(Acts 1984, No. 84-297, p. 661, §13.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 24 - Sales Representative's Commission Contracts. › Section 8-24-1 - Definitions.

Section 8-24-1
Definitions.
As used in this chapter, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) COMMISSION. Compensation accruing to a sales representative for payment by a principal, the rate of which is expressed as a percentage of the dollar amount of certain orders or sales.
(2) PRINCIPAL. Any person who does all of the following:
a. Engages in the business of manufacturing, producing, importing, or distributing a product or products for sale to customers who purchase the product or products for resale.
b. Utilizes sales representatives to solicit orders for the product or products.
c. Compensates the sales representatives, in whole or in part, by commission.
(3) SALES REPRESENTATIVE. Any person who engages in the business of soliciting, on behalf of a principal, orders for the purchase at wholesale of the product or products of the principal, but does not include a person who places orders or purchases for his or her own account for resale, or a person engaged in home solicitation sales.
(4) TERMINATION. The end of services performed by the sales representative for the principal, whether by discharge, resignation, or expiration of a contract.
(Acts 1985, No. 85-543, p. 782, §1; Acts 1994, No. 94-686, p. 1319, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 24 - Sales Representative's Commission Contracts. › Section 8-24-2 - When Commission Is Due; Payment.

Section 8-24-2
When commission is due; payment.
(a) The terms of the contract between the principal and sales representative shall determine when a commission is due.
(b) If the time when the commission is due cannot be determined by a contract between the principal and sales representative, the past practices between the parties shall control, or if there are no past practices, the custom and usage prevalent in this state for the business that is the subject of the relationship between the parties shall control.
(c) All commissions that are due at the time of termination of a contract between a sales representative and principal shall be paid within thirty days after the date of termination. Commissions that become due after the termination date shall be paid within thirty days after the date on which the commissions become due.
(Acts 1985, No. 85-543, p. 782, §2; Acts 1994, No. 94-686, p. 1319, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 24 - Sales Representative's Commission Contracts. › Section 8-24-3 - Failure to Pay Commission.

Section 8-24-3
Failure to pay commission.
A principal who fails to pay a commission as required by Section 8-24-2 is liable to the sales representative in a civil action for three times the damages sustained by the sales representative plus reasonable attorney's fees and court costs.
(Acts 1985, No. 85-543, p. 782, §3; Acts 1994, No. 94-686, p. 1319, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 24 - Sales Representative's Commission Contracts. › Section 8-24-4 - When Nonresident Principal Considered to Be Doing Business in State.

Section 8-24-4
When nonresident principal considered to be doing business in state.
A principal who is not a resident of this state and who enters into a contract subject to this chapter is considered to be doing business in this state for purposes of the exercise of personal jurisdiction over the principal.
(Acts 1985, No. 85-543, p. 782, §4; Acts 1994, No. 94-686, p. 1319, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 24 - Sales Representative's Commission Contracts. › Section 8-24-5 - Waiver of Chapter Provisions; Other Rights or Remedies.

Section 8-24-5
Waiver of chapter provisions; other rights or remedies.
(a) This chapter may not be waived, whether by express waiver or by any provision in a contract attempting to make the contract or agreement subject to the laws of another state. A waiver of any provision of this chapter is void.
(b) This chapter does not invalidate or restrict any other right or remedy available to a sales representative or preclude a sales representative from seeking to recover in one action on all claims against a principal.
(Acts 1985, No. 85-543, p. 782, §5; Acts 1994, No. 94-686, p. 1319, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 25 - Rental-Purchase Agreements. › Section 8-25-1 - Definitions.

Section 8-25-1
Definitions.
As used in this chapter, the following words and phrases shall have the following meanings ascribed to them, unless the context clearly indicates otherwise:
(1) ADVERTISEMENT. A commercial message in any medium that directly or indirectly promotes or assists a rental-purchase agreement, except for instore merchandising aids.
(2) CONSUMER. An individual who leases personal property under a rental-purchase agreement.
(3) MERCHANDISE. The personal property that is the subject of a rental-purchase agreement.
(4) MERCHANT. A person who, in the ordinary course of business, regularly leases, offers to lease, or arranges for the leasing of merchandise under a rental-purchase agreement, and includes a person who is assigned an interest in a rental-purchase agreement.
(5) RENTAL-PURCHASE AGREEMENT. An agreement for the use of merchandise by a consumer for personal, family, or household purposes, for an initial period of four months or less that is automatically renewable with each payment after the initial period, and that permits the consumer to become the owner of the merchandise. This term does not include any transaction wherein a consumer sells personal property to a merchant and then leases the same personal property back with or without a right to repurchase the property. Any rental-purchase agreement in compliance with this chapter shall not be construed to be, nor governed by the laws relating to:
a. A "credit sale" as that term is defined in subdivision (4) of Section 5-19-1; or
b. A "security interest" as that term is defined in subdivision (37) of Section 7-1-201 of the Uniform Commercial Code.
(Acts 1986, No. 86-497, p. 945, §1; Acts 1991, No. 91-654, p. 1232, §1; Acts 1993, No. 93-614, §1(3).)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 25 - Rental-Purchase Agreements. › Section 8-25-2 - Disclosures by Merchant to Consumer; Inaccuracy Due to Acts, etc., After Delivery; Form of Disclosure.

Section 8-25-2
Disclosures by merchant to consumer; inaccuracy due to acts, etc., after delivery; form of disclosure.
(a) The merchant shall disclose to the consumer the information required by this title. In a transaction involving more than one consumer, the merchant need disclose to only one of the consumers who are primarily obligated. In a transaction involving more than one merchant, only one merchant need make the disclosures.
(b) The disclosures shall be made clearly and conspicuously in writing in a form that the consumer may keep. The required disclosure may be made a part of the rental-purchase agreement or provided on a separate form.
(c) If a disclosure becomes inaccurate as the result of any act, occurrence, or agreement after delivery of the required disclosure, the resulting inaccuracy is not a violation of this title.
(d) For each rental-purchase agreement, the lessor shall disclose the following items, as applicable:
(1) Whether the merchandise is new or has been previously rented;
(2) The amount and timing of periodic payments;
(3) A brief explanation of other charges besides rental payments for which the consumer may be liable;
(4) The total number of rental payments required and the total amount to be paid to acquire ownership of the merchandise;
(5) That the consumer does not acquire ownership rights unless the consumer has complied with the ownership terms of the agreement; and
(6) A statement explaining who is liable for loss of or damage to the merchandise.
(e) The following form is an example of the form which may be used to satisfy the disclosure requirements of this section:
Rental-Purchase Discloures
1. Condition of property: new/previously rented
2. This agreement is for _____ week(s) or _____ month(s).
Weekly rental is _____.
Monthly rental is _____.
3. Other charges (specify):
4. Ownership:
If you renew this agreement for ______ weeks/months in a row, you will pay a total of $ _____ to own the property.
5. You do not own the property. You will not own the property unless you comply fully with the ownership terms of this agreement.
6. Explanation of liability for loss of or damage to property
(Acts 1986, No. 86-497, p. 945, §2.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 25 - Rental-Purchase Agreements. › Section 8-25-3 - Prohibited Provisions.

Section 8-25-3
Prohibited provisions.
A rental-purchase agreement shall not contain a provision:
(1) Requiring a confession of judgment;
(2) Authorizing a merchant or agent of the merchant to commit a breach of the peace while repossessing merchandise;
(3) Waiving a defense, counterclaim, or right the consumer may have against the merchant or an agent of the merchant; or
(4) Requiring the purchase of insurance or waiver of liability from the merchant to cover the merchandise; provided, however, that the lessor may offer to the lessee any such insurance or waiver of liability if it is clearly and conspicuously disclosed on the face of the insurance or waiver of liability agreement, in print not less than eight-point bold face type, that the purchase of any such insurance or waiver of liability by the lessee from the lessor is optional. The charge for any insurance or waiver of liability shall not exceed 15 percent of the rental payment.
(Acts 1986, No. 86-497, p. 945, §3; Acts 1991, No. 91-654, p. 1232, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 25 - Rental-Purchase Agreements. › Section 8-25-4 - Reinstatement of Agreement After Failure to Make Timely Payment.

Section 8-25-4
Reinstatement of agreement after failure to make timely payment.
A consumer who fails to make a timely rental payment may reinstate an agreement without losing any rights or options previously acquired, by taking the required action within five days if the consumer pays monthly or within two days if the consumer pays more frequently than monthly. Nothing in this section shall prevent the accrual of any late charges or reinstatement fees charged by the merchant. Nothing in this section shall prevent the merchant from attempting repossession of the merchandise during the reinstatement period, and the consumer's right to reinstate an agreement shall not expire because of such a repossession.
A consumer must pay all rental and other charges due or return the merchandise to the merchant if the merchant so requests during the reinstatement period. If the merchandise is returned during the applicable reinstatement period other than through judicial process, the right to reinstate shall be extended for a period of not less than 30 days after the date of the return of the merchandise.
No consumer shall have the right to reinstate more than three times during the term of any one rental-purchase agreement.
On reinstatement, the merchant shall provide the consumer with the same merchandise or substitute merchandise of comparable quality and condition; however, the merchant shall not be required to provide new disclosures upon reinstatement.
(Acts 1986, No. 86-497, p. 945, §4.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 25 - Rental-Purchase Agreements. › Section 8-25-5 - Required Provisions in Advertisements.

Section 8-25-5
Required provisions in advertisements.
An advertisement for a rental-purchase agreement that states the amount of a payment or the right to acquire ownership of any one particular item under the agreement must clearly and conspicuously state:
(1) That the transaction advertised is a rental-purchase agreement and
(2) The total amount and the number of payments necessary to acquire ownership.
(Acts 1986, No. 86-497, p. 945, §5.)