47-18-301 - Definitions.
47-18-301. Definitions.
As used in this part, unless the context otherwise requires:
(1) Buyer means a purchaser under a health club agreement;
(2) Commissioner means the commissioner of commerce and insurance;
(3) Division means the consumer affairs division of the department of commerce and insurance;
(4) (A) Health club means any enterprise, however styled, which offers on a regular, full-time basis, and pursuant to a health club agreement, services or facilities for the development or preservation of physical fitness through exercise, weight control or athletics;
(B) Health club does not include the following:
(i) Any organization primarily operated for the purpose of teaching a particular form of martial arts such as judo or karate;
(ii) Weight loss or control services which do not provide physical exercise services, facilities, or equipment; or
(iii) Any nonprofit health club that is exempt from taxation under the provisions of § 67-6-330(a)(17), or any nonprofit health club operated as part of a licensed nonprofit hospital exempt from taxation under § 67-5-212;
(5) (A) Health club agreement means an agreement whereby a buyer purchases, or is obligated to purchase, any right to use health club facilities or services; and such services or facilities are for personal, family, employee, or household use; and
(B) Health club agreement does not include the following:
(i) Any agreement for personal training services; or
(ii) Any agreement for tangible products sold by the health club.
(6) Operator means any person, firm, corporation, or business entity which operates a health club.
[Acts 1984, ch. 630, § 1; 1989, ch. 460, §§ 14, 18; 1996, ch. 929, §§ 1, 2; 2001, ch. 126, § 1; 2005, ch. 95, § 1; 2008, ch. 926, § 1.]