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.]