ed to the buyer or available for pickup by the buyer at a location within his county of residence within 6 weeks after he places the order for the goods or by a date agreed upon at the time of the order, any money paid by the buyer for the goods must, at his request, be refunded. (Added to NRS by 1985, 964) NRS 598.900 Untrue or misleading statements by organization prohibited; effect on contract. An organization shall not make any untrue or misleading representations to the buyer or in its advertising. A contract for membership in an organization where any untrue or misleading representation was made to the buyer or the buyer was made aware of the untrue or misleading representation is void and unenforceable by the organization. (Added to NRS by 1985, 964) NRS 598.905 Correction of violations. If an organization does not comply with the provisions of NRS 598.840 to 598.895, inclusive, or 598.905 to 598.930, inclusive, the buyer may agree in writing, after a full disclosure, to any correction of the defect if the correction is made within 30 days after he signs the contract for membership in the organization. If the buyer does not consent, or if the correction is not made within the 30-day period, the contract is rescinded, and the buyer must be given a full refund. (Added to NRS by 1985, 964) NRS 598.910 Effect of transfer by organization of its obligation to provide goods or services; circumstances under which buyer may rescind contract. 1. If an organization transfers its obligation to provide goods or services to a buyer to another organization which provides substantially fewer goods or services, the buyer may consent to the transfer in writing after a full disclosure to him of the goods and services to be provided by the new organization. If a buyer does not consent, his contract is rescinded, and he must be given a refund pro rata based on the amount of time he was a member of the organization. 2. The buyer may rescind the contract and the organization shall give him a refund pro rata based on the amount of time he was a member of the organization if any of the following circumstances occur: (a) Except as otherwise provided in this paragraph, the organization moves its place of business which is geographically closest to the buyer’s residence, as indicated in the contract, more than 20 miles farther from the buyer’s residence than it was when the contract for membership was signed. The provisions of this paragraph do not apply if: (1) The organization offers the buyer a substantially equivalent at-home ordering service through at least one other generally available channel of communication, including, without limitation, the Internet; (2) The at-home ordering service offers the same categories of goods and services provided by the organization at the time the organization moves its place of business; and (3) Any goods ordered by the buyer through the at-home ordering service are shipped, at the election of the buyer, to either the buyer’s residence, as indicated in the contract, or a freight receiver within 20 miles of that residence. (b) Within 6 months after the contract for membership was signed, the organization stops providing any category of goods or services represented to the buyer to be available when he signed the contract. (Added to NRS by 1985, 964; A 2005, 1375) NRS 598.915 Waiver of statutory rights is void. Any waiver by the buyer of the provisions of NRS 598.840 to 598.930, inclusive, is contrary to public policy and void. (Added to NRS by 1985, 964) NRS 598.920 Actions against organization; restitution, treble damages, attorney’s fees and costs may be awarded. 1. A cause of action or a defense of a buyer against the organization is not extinguished by the transfer, assignment or sale of the contract for membership in the organization to a third party. 2. In an action by a buyer against an organization for violation of the provisions of NRS 598.840 to 598.930, inclusive, the court may award restitution, treble damages, reasonable attorney’s fees and costs. If the course of action was based on a violation of NRS 598.900, the court may award the buyer $1,000, reasonable attorney’s fees and costs, or restitution, treble damages, reasonable attorney’s fees and costs, whichever is greater. (Added to NRS by 1985, 965) NRS 598.930 Remedies not exclusive; violation constitutes deceptive trade practice. 1. The remedies, duties and prohibitions of NRS 598.840 to 598.930, inclusive, are not exclusive and are in addition to any other remedies provided by law. 2. Any violation of NRS 598.851 to 598.900, inclusive, constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive. (Added to NRS by 1985, 965; A 1993, 1961; 1997, 3199) Dance Studios and Health Clubs NRS 598.940 Definitions. As used in NRS 598.940 to 598.966, inclusive, unless the context otherwise requires, the words and terms defined in NRS 598.9403 to 598.9417, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 1989, 2037; A 1993, 1801, 1962; 1995, 663) NRS 598.9403 “Business day” defined. “Business day” means any calendar day except Sunday, or the following business holidays: New Year’s Day, Martin Luther King, Jr.’s Birthday, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Nevada Day, Veterans’ Day, Thanksgiving Day and Christmas Day. (Added to NRS by 1993, 1956) NRS 598.9405 “Buyer” defined. “Buyer” means any person who purchases by contract dance lessons, the use of facilities or other services from a dance studio or health club. (Added to NRS by 1993, 1956) NRS 598.9407 “Commissioner” defined. “Commissioner” means the Commissioner of the Division. (Added to NRS by 1993, 1956) NRS 598.941 “Dance studio” defined. “Dance studio” means any enterprise that offers instruction in ballroom or other types of dancing, including lessons or other services, except: 1. A nonprofit public or private school, college or university; 2. The State or any political subdivision; or 3. A nonprofit religious or ethnic organization or a nonprofit organization for the benefit of the community or its members. (Added to NRS by 1993, 1956) NRS 598.9413 “Division” defined. “Division” means the Consumer Affairs Division of the Department of Business and Industry. (Added to NRS by 1993, 1956; A 1995, 663) NRS 598.9415 “Health club” defined. “Health club” means any enterprise which offers the use of its facilities for the maintenance or development of physical fitness or the control of weight, except: 1. A nonprofit public or private school, college or university; 2. The State or any political subdivision; or 3. A nonprofit religious or ethnic organization or a nonprofit organization for the benefit of the community or its members. (Added to NRS by 1993, 1956) NRS 598.9417 “Pre-sale” defined. “Pre-sale” means the sale of dance lessons, the use of facilities or other services by a dance studio or health club before all amenities, facilities or benefits identified in the contract or sales presentation are available to the buyer. (Added to NRS by 1993, 1957) NRS 598.942 Scope. The provisions of NRS 598.940 to 598.966, inclusive, apply to contracts for dance lessons, the use of facilities or other services from a dance studio or health club only if the membership is intended for use by the buyer or for the buyer and the members of his family and: 1. The buyer purchases or becomes obligated to purchase the dance lessons, use of facilities or other services for more than 3 months and the dance studio or health club requires the payment of any fee or dues more than 3 months in advance; 2. The dance studio or health club req

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