A health club agreement shall be unenforceable against the buyer, and the buyer shall be entitled to a refund less that portion of the total price which represents actual use of the facilities and less the cost of goods and services consumed by the buyer if:
(1) The buyer entered into the agreement in reliance upon any false, deceptive, or misleading information, representation, notice, or advertisement; or
(2) [Deleted by 2016 amendment.]
(3) The agreement fails to conform with this part.