Sec. 702.402. PROHIBITED ACTS. (a) A seller or certificate holder may not: (1) offer a special offer or discount to fewer than all prospective members of the health spa, except that a seller or certificate holder may offer a special group price or discount; or (2) make a material misrepresentation to a member, prospective member, or purchaser regarding: (A) the qualifications of the health spa staff; (B) the availability, quality, or extent of the facilities or services of the health spa; (C) the results obtained through exercise, diet, weight control, or physical fitness conditioning programs; (D) membership rights; or (E) the period during which a special offer or discount will be available. (b) A certificate holder may not: (1) fail or refuse to: (A) file or amend an application for registration as required by Subchapter C; (B) file or post, or maintain, the security required by Subchapter D; or (C) deposit prepayments in an escrow account as required by Subchapter H; (2) advertise that the certificate holder is bonded by the state; or (3) sell a membership plan that is not included in the list required by Section 702.302 (a).
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