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This script discusses future performance contracts, fitness club memberships, and other similar contracts. It also explains how you can cancel if you want to back out. Finally, it discusses time-shares and time-share contracts.
Under the law in BC, not all contracts are alike. If you enter into a contract, your cancellation rights depend on the type of agreement you made and the circumstances.  


=Future performance contracts=
==Understand your legal rights==


==What is a future performance contract?==
===In a future performance contract===  
An agreement where you don’t receive the goods or services immediately, or you don’t pay in full upfront, is a future performance contract under the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/04002_04#part4_division1 Business Practices & Consumer Protection Act]''. Examples include a contract for home repairs and a contract to join a fitness club. But contracts under $50 are not included.
Under the [https://www.canlii.org/en/bc/laws/stat/sbc-2004-c-2/latest/sbc-2004-c-2.html#sec17_smooth law in BC], an agreement where you don’t receive the goods or services immediately, or you don’t pay in full upfront, is a '''future performance contract'''. Examples include a contract for home repairs or a contract to join a fitness club. Special rules apply to these contracts. (A contract under $50 is not covered by these rules.)


==What a future performance contract must include?==
====Requirements for the contract====
The ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/04002_04#part4_division1 Business Practices & Consumer Protection Act]'' lists all the information the contract must include. It must be in writing and you must have signed it. And it must include:
Under [https://www.canlii.org/en/bc/laws/stat/sbc-2004-c-2/latest/sbc-2004-c-2.html#sec19_smooth BC] [https://www.canlii.org/en/bc/laws/stat/sbc-2004-c-2/latest/sbc-2004-c-2.html#sec22_smooth law], a future performance contract must include this information:
*The supply date.
*the supply date (the date the goods or services will begin to be supplied)
*The date when the supply of the goods or services will be complete.
*the date when the supply of the goods or services will be complete
*The name, address and telephone number of the seller.
*the name, address and telephone number of the seller
*A description of the goods or services.
*a description of the goods or services
*The costs, including taxes and shipping charges, plus the total price.
*an itemized purchase price for the goods or services, including taxes and shipping charges, plus the total price under the contract
*A detailed statement of the payment terms.
*a detailed statement of the payment terms


==Cancelling a future performance contract==
A future performance contract must be in writing and you must have signed it.
You must be given a copy of the contract within 15 days after you sign it. If the copy you get doesn’t have all the things that the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/04002_04#part4_division1 Business Practices & Consumer Protection Act]'' requires, mentioned earlier, then you have up to a year to cancel it. [http://www.consumerprotectionbc.ca/ Consumer Protection BC] has [https://www.consumerprotectionbc.ca/consumer-help/need-to-cancel-a-contract/ information and cancellation forms] to complete and send to the business.  


=Continuing service contracts=
====Cancelling the contract====
You must be given a copy of a future performance contract within 15 days after you sign it.


==What is a continuing services contract?==
If the contract you get doesn’t have all the information the law requires, you have up to a year to cancel it. [http://www.consumerprotectionbc.ca/ Consumer Protection BC]’s website includes [https://www.consumerprotectionbc.ca/consumer-help/need-to-cancel-a-contract/ cancellation forms] to complete and send to the business.  
With a continuing services contract, you receive services over a set time, rather than all at once. These contracts are limited to dance lessons, personal training, weight-loss programs, self-defense lessons, gym memberships, and travel-club memberships. A continuing services contract cannot be for more than 24 months.


==Cancelling a continuing services contract==
===In a continuing services contract===
'''In the first 10 days'''—you have up to 10 days to cancel a contract after you sign it and get a copy of the contract. In fact, the contract must state that you have the right to cancel any time within the first 10 days.
Under the [https://www.canlii.org/en/bc/laws/stat/sbc-2004-c-2/latest/sbc-2004-c-2.html#sec17_smooth law in BC], a '''continuing services contract''' is a type of future performance contract where you receive services over a period of time, rather than all at once. The specific types of contracts falling within this definition are [https://www.canlii.org/en/bc/laws/regu/bc-reg-272-2004/latest/bc-reg-272-2004.html#sec2_smooth spelled out in a regulation]: fitness facilities such as gyms and yoga studios, self-defence studios, personal trainers, dance lessons, and travel club memberships.  


'''Partway through a contract'''—you can cancel a continuing services contract if there has been a material (meaning significant) change in the services that the seller agreed to provide, or in your personal situation. For example, if you signed up for tango dancing lessons and the seller now only offers tap-dancing classes, you could cancel partway through the contract. Likewise, if the seller moved the dance studio, or if you moved more than 30 kilometers away and the business can’t provide the same service in your new location, or you broke your leg, you can also end the contract. In each case, you would have to show what the material change was (for example, proof of your new address or medical documentation explaining why you can no longer participate in the activity).
====Requirements for the contract====
A continuing services contract cannot be for more than 24 months.


If you cancel because of a significant change in your personal situation, you can get a pro-rated refund based on how much of the service you’ve used, minus 30% to cover the seller’s costs. If you cancel because the seller’s services changed, you can get a pro-rated refund without any deduction.
The contract must include all the information required in a future performance contract (explained above). The contract also must state you have the right to cancel any time within the first 10 days.


[http://www.consumerprotectionbc.ca/ Consumer Protection BC] has [https://www.consumerprotectionbc.ca/consumer-help/need-to-cancel-a-contract/ information and cancellation forms] to complete and send to the business. These can be helpful if you want to cancel a contract.
====Cancelling the contract====
You may cancel a continuing services contract anytime within 10 days of receiving a copy of the contract. This is called the “'''cooling-off period'''”.
As well, you can cancel a continuing services contract at any time if there is a '''material change''' (meaning significant change) in the services provided or in your circumstances.  


=Direct sales contracts=
For example, if you sign up for tango dancing lessons and the dance studio switches to offering only tap dancing classes, that is a material change in the services provided. You could cancel the contract.


==What is a direct sales contract?==
Or if you break your leg or you move more than 30 kilometers away from the dance studio, either is a material change in your circumstances. You could cancel the contract.  
A direct sales contract is signed at a place other than the seller’s permanent place of business (for example, at your home). But if you (or your friend or relative) invite a supplier into your home more than 24 hours in advance, any contract you sign with that supplier is not considered a direct sales contract. Also, there is a limit to the down payment a seller can require in a direct sales contract. For example, if a door-to-door salesperson comes to your home and sells you a vacuum cleaner, the salesperson cannot ask for a down-payment of more than $100 or 10% of the purchase price, whichever is less.


==What a direct sales contract must include==
In each case, you would have to prove the material change. For example, you would have to provide medical documentation showing why you can no longer participate in the activity, or show proof of your new address.
The ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/04002_04#part4_division1 Business Practices & Consumer Protection Act]'' lists all the information a direct sales contract must include. The contract must be in writing and must have been signed by you. It must also include:
*The supply date
*The place where the contract was signed
*The name, address, and telephone number of the seller
*A description of the goods or services
*The costs, including taxes and shipping charges, plus the total price
*A detailed statement of the payment terms.


==Cancelling a direct sales contract==
If you cancel because of a change in your circumstances, you can get a prorated refund based on how much of the service you’ve used, minus 30% to cover the business’ costs. If you cancel because of a change in the services provided, you can get a prorated refund without any deduction.
'''In the first 10 days'''—you have up to 10 days to cancel a contract after you sign it and get a copy of the contract. In fact, the contract must state that you have the right to cancel any time within the first 10 days.


'''If a contract lacks a required part'''—if the direct sales contract you sign does not have all the things that the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/04002_04#part4_division1 Business Practices & Consumer Protection Act]'' requires, then you have up to 1 year to cancel it.
[http://www.consumerprotectionbc.ca/ Consumer Protection BC]’s website includes [https://www.consumerprotectionbc.ca/consumer-help/need-to-cancel-a-contract/ cancellation forms] to complete and send to the business. (You can use the cancellation forms for a future performance contract, as a continuing services contract is a type of future performance contract.)


'''If you don’t receive the goods or services'''—if you don’t receive the goods or services within 30 days of signing the contract, you have up to 1 year to cancel. For example, if you don’t receive within 30 days a vacuum cleaner you paid for, you have up to 1 year to cancel, as long as you don’t accept the goods or services later. If the goods or services are provided after 30 days and you accept them, you lose your right to reject them. Keep a copy of your written cancellation and proof that you delivered it within the allowed time.
===In a direct sales contract===
Under the [https://www.canlii.org/en/bc/laws/stat/sbc-2004-c-2/latest/sbc-2004-c-2.html#sec17_smooth law in BC], a '''direct sales contract''' is one signed at a place other than the seller’s permanent place of business. This could be at your home, buying from a door-to-door salesperson. (Though note that if you, a relative or friend invite a supplier into your home more than 24 hours in advance, any contract you sign is not considered a direct sales contract.)


==Will you get your money back?==
====Requirements for the contract====
If you cancel a continuing services contract or a direct sales contract within 10 days, you have the right to get a full refund within 15 days after cancelling—even if you’ve already received the goods or started using the service. Once you’ve received your money back, you must return the goods. And you must take reasonable care of the goods while you have them because you are responsible for any damage to them while you have them.
Under [https://www.canlii.org/en/bc/laws/stat/sbc-2004-c-2/latest/sbc-2004-c-2.html#sec19_smooth BC law], a direct sales contract must include this information: 
*the supply date
*the place where the contract was signed
*the name, address and telephone number of the seller
*a description of the goods or services
*an itemized purchase price for the goods or services, including taxes and shipping charges, plus the total price under the contract
*a detailed statement of the payment terms


==What happens if the seller doesn’t give you a refund?==
The contract must state you have the right to cancel any time within the first 10 days.
If you try to cancel a future performance contract, including a continuing services contract, or a direct sales contract, and you don’t get a refund, check [http://www.consumerprotectionbc.ca/ Consumer Protection BC] for [https://www.consumerprotectionbc.ca/consumer-help/need-to-cancel-a-contract/ more information] and possible options.


=Time shares=
The contract must be in writing and must be signed by you.


==What is a time-share?==
There is a limit to the down payment a seller can require in a direct sales contract. The down payment can not be more than $100 or 10% of the total price, whichever is less. For example, if a door-to-door salesperson comes to your home and sells you a vacuum cleaner, the salesperson cannot ask for a down payment of more than $100 or 10% of the total price, whichever is less.
A time-share is a legitimate form of owning an interest in property. Often, the time-share is for one week per year at a vacation resort. Typically, you go to a presentation, tour a condo unit, and then sign a contract. Before you sign anything, however, make sure the deal is right for you. Never sign a contract unless you understand it completely.


==Can you cancel a time-share contract?==
====Cancelling the contract====
Under BC’s ''[http://bclaws.ca/civix/document/id/complete/statreg/04041_01 Real Estate Development Marketing Act]'', if you sign the contract in BC, you can cancel it within 7 days. This applies whether the time-share relates to property in or outside of BC. But—and this is very important—if you sign a contract outside of BC, for example in Mexico, for a Mexican time-share, BC’s ''[http://bclaws.ca/civix/document/id/complete/statreg/04041_01 Real Estate Development Marketing Act]'' does not apply. Instead, the contract will be controlled by the law of the country or province where you signed the contract.
You may cancel a direct sales contract any time within 10 days of receiving a copy of the contract. This is called the “'''cooling-off period'''”.
If the direct sales contract does not include the information required under the law,  you have up to one year to cancel it.


==More information==
If you don’t receive the goods or services within 30 days of signing the contract, you have up to one year to cancel. For example, if you don’t receive within 30 days a vacuum cleaner you paid for, you have up to one year to cancel. If the vacuum cleaner arrives after 30 days and you accept it, you lose your right to cancel the contract.  
*Check with [http://bclaws.ca/civix/document/id/complete/statreg/04041_01 Consumer Protection BC] or call it at 1.888.564.9963.
*Check sellers with the [http://www.bbb.org/mbc lower mainland Better Business Bureau], or call them at 604.682.2711. In Victoria, it’s their [http://www.bbb.org/vancouver-island Vancouver Island office] at 250.386.6348. Check the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/04002_04#part4_division1 Business Practices & Consumer Protection Act]''.


[http://www.consumerprotectionbc.ca/ Consumer Protection BC]’s website includes [https://www.consumerprotectionbc.ca/consumer-help/consumer-information-door-door-sales/ cancellation forms] to complete and send to the business. 
===If you buy a time share===
A '''time share''' is a legitimate form of owning an interest in property. Often, the time share is for one week per year at a vacation resort. Typically, you go to a presentation, tour a condo unit, and then sign a contract. Before you sign anything, however, make sure the deal is right for you. Never sign a contract unless you understand it completely.
====Cancelling a time share contract====
Under the [https://www.canlii.org/en/bc/laws/stat/sbc-2004-c-41/latest/sbc-2004-c-41.html#sec21_smooth law in BC], if you sign the time share contract in BC, you can cancel it within seven days. This applies whether the time share relates to property in or outside of BC. But — and this is very important — if you sign a contract outside of BC, for example in Mexico, for a Mexican time share, BC’s time share law '''does not apply'''. Instead, the contract will be controlled by the law of the country or province where you signed the contract.
==Common questions==
===Will I get my money back if I cancel?===
If you cancel a continuing services contract or a direct sales contract within 10 days, you have the right to get a full refund within 15 days after cancelling — even if you’ve already received the goods or started using the service. Once you’ve received your money back, you must return the goods. And you must take reasonable care of the goods while you have them because you are responsible for any damage to them while you have them.
===What happens if the seller doesn’t give me a refund?===
If you try to cancel a future performance contract, continuing services contract, or direct sales contract, and you don’t get a refund, check with [http://www.consumerprotectionbc.ca/ Consumer Protection BC] for [https://www.consumerprotectionbc.ca/consumer-help/need-to-cancel-a-contract/ more information] and possible options.
==Get help==
===Agencies that can help===
'''Consumer Protection BC''' provides assistance relating to certain types of consumer contracts in BC, including future performance contracts, continuing services contracts, and direct sales contracts.
:Toll-free: 1-888-564-9963
:Web: [http://www.consumerprotectionbc.ca/ consumerprotectionbc.ca]
The '''Better Business Bureau''' assists people in finding businesses they can trust.
:Web: [https://www.bbb.org/ca/bc bbb.org/ca/bc]




[updated October 2017]
[updated October 2017]


'''The above was last reviewed for accuracy by Wendy Andersen and edited by John Blois.'''
'''The above was last reviewed for legal accuracy by [http://www.leighco.ca/wendy-andersen Wendy Andersen], Digby Leigh & Company.'''


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