§ 5-50-1. Definition of terms. Whenever used in this chapter: (1) “Business day” means any day except Sunday or a legal holiday. (2) “Buyer” or “purchaser” means a natural person who enters into a health club contract. (3) “Department” means the department of attorney general, unless otherwise described. (4) “Disability” means a condition that will […]
§ 5-50-10. Common-law rights preserved. Nothing in this chapter shall be construed to nullify or impair any right that a buyer may have against a seller at common law, by statute, or otherwise. The provisions of this chapter shall not be exclusive and shall not relieve the seller, the assigns, or contracts from compliance with […]
§ 5-50-11. Severability. If any provisions of this chapter or any rule or regulation made pursuant to this chapter, or the application of this chapter to any person or circumstances, is held invalid by any court of competent jurisdiction, the remainder of the chapter, rule, or regulation and the application of such provision to other […]
§ 5-50-12. Defibrillators. (a) Every health club registered with the department of attorney general pursuant to this chapter shall have at least one automated external defibrillator (AED) on the premises. The AED will at all times be deployed in a manner in which best provides accessibility to staff, members, and guests. At least one employee […]
§ 5-50-2. Registration — Fees — Renewals — Suspension or revocation. (a) No person, firm, corporation, or other entity shall operate or cause to be operated a health club unless duly registered as provided in this chapter. (b)(1) Each health club shall be registered with the department. (2) A health club shall file a registration […]
§ 5-50-3. Bonding. (a) Prior to the execution of any contract for health club services, every seller that sells contracts for health club services shall, for each individual health club location or facility, obtain a surety bond in the amount of ten thousand dollars ($10,000) for a facility with less than ten thousand (10,000) square […]
§ 5-50-4. Contract contents — Notice to buyer of right to cancel contract — Right of contract cancellation — Refund. (a) A copy of every health club contract shall be delivered to the buyer at the time the contract is signed. (b)(1) All health club contracts must be in writing signed by the buyer; must […]
§ 5-50-5. Duration of contracts. (a) No contract for health club services shall be for a term longer than twenty-four (24) months; except that upon expiration of the contract, the seller may offer the buyer the right to renew his or her contract for a similar, shorter or longer period not to exceed twenty-four (24) […]
§ 5-50-6. Downgrading of membership. No buyer may be charged an additional fee for reducing a membership to a different and lesser grade of membership in the health club. History of Section.P.L. 1996, ch. 154, § 1.
§ 5-50-7. Pre-opening sales — Permit and bond required — Facilities unopened — Under construction and planned. (a) Any health club that is not fully operative or established and that conducts a pre-opening sales campaign must, before advertising or hold a pre-opening sales campaign, obtain a permit from the director of business regulation. The permit […]
§ 5-50-8. Truth in advertising — Posting of rates. (a) It is unlawful for a seller, his or her agents, employees, or other representatives to misrepresent directly or indirectly in its advertising, promotional materials, or in any other manner: (1) The size, location(s), facilities, or equipment of the health club; (2) The nature, extent, and […]
§ 5-50-9. Remedies, injunctive relief, and civil penalties. (a) Any buyer of a health club contract that is in material violation of this chapter has a right to cancel the contract and a right of action against the health club for recovery of triple the amount actually paid to the health club under the contract. […]
