407.325. Definitions.
Definitions.
407.325. As used in sections 407.325 to 407.340, thefollowing terms shall mean:
(1) "Business day", any day except a Sunday or a legalholiday;
(2) "Buyer", a natural person who enters into a health spacontract;
(3) "Contract price", the sum of all monthly fees exceptinterest required by the health spa contract and any nonrecurringfee charged at or near the beginning of a health spa membership;
(4) "Health spa", any person, firm, corporation,organization, club or association engaged in the sale ofmemberships in a program of physical exercise, which includes theuse of one or more of a sauna, whirlpool, weight-lifting room,massage, steam room, or exercising machine or device, or engagedin the sale of the right or privilege to use exercise equipmentor facilities, such as a sauna, whirlpool, weight-lifting room,massage, steam room or exercising machine or device. The term"health spa" shall not include the following:
(a) Bona fide nonprofit organizations, including, but notlimited to, the Young Men's Christian Association, Young Women'sChristian Association, or similar organizations whose functionsas health spas are only incidental to their overall functions andpurposes;
(b) Any private club owned and operated by its members;
(c) Any organization primarily operated for the purpose ofteaching a particular form of self-defense such as judo orkarate;
(d) Any facility owned or operated by the United States;
(e) Any facility owned or operated by the state of Missourior any of its political subdivisions;
(f) Any nonprofit public or private school, college oruniversity; and
(g) Any facility owned or operated by any person, firm,corporation, organization, club or association, engaged in thesale of the right or privilege to use such facility when theproceeds of the sale of such rights or privileges accounts fortwenty percent or less of the gross annual receipts of theperson, firm, corporation, organization, club or association;
(5) "Health spa contract", a written agreement whereby thebuyer of health spa services purchases, or becomes obligated topurchase, health spa services to be rendered over a period longerthan three months; and the seller of health spa services receivespayment to cover a period more than three months;
(6) "Health spa services", services, privileges, or rightsoffered for sale or provided by a health spa;
(7) "Monthly fee", the total consideration, including butnot limited to, equipment or locker rental, credit check,finance, medical and dietary evaluation, class and training fees,and all other similar fees or charges and interest, but excludingany nonrecurring fee charged at or near the beginning of a healthspa membership, to be paid by a buyer, divided by the totalnumber of months of health spa service use allowed by the buyer'scontract, including months or time periods called "free" or"bonus" months or time periods and such months or time periodswhich are described in any other terms suggesting that they areprovided free of charge, which months or time periods are givenor contemplated when the contract is initially executed;
(8) "Prepayment", payment of any consideration for servicesor the use of facilities made prior to the day on which theservices or facilities of the health spa are fully open andavailable for regular use by the members.
(L. 1988 S.B. 486 § 1)