13-23-101. Definitions.
As used in this chapter:
(1) "Business enterprise" means a sole proprietorship, partnership, association, joint venture, corporation, limited liability company, or other entity used in carrying on a business.
(2) "Consumer" means a purchaser of fitness center services for consideration.
(3) "Division" means the Division of Consumer Protection established under Section. 13-2-102
(4) "Fitness center" means a business enterprise that provides access to a facility: for a charge or a fee; and for the development or preservation of physical fitness or well-being, through exercise, weight control, or athletics. "Fitness center" does not include: a licensed physician who operates a facility at which the physician engages in the practice of medicine; a hospital, intermediate care facility, or skilled nursing care facility; a public or private school, college, or university; the state or a political subdivision of the state; the United States or a political subdivision of the United States; a person offering instruction if the person does not: utilize an employee or independent contractor; or grant a consumer the use of a facility containing exercise equipment; a business enterprise, the primary operation of which is to teach self-defense or a martial art, including kickboxing, judo, or karate; a business enterprise, the primary operation of which is to teach or allow an individual to develop a specific skill rather than develop or preserve physical fitness, including gymnastics, tennis, rock climbing, or a winter sport; a business enterprise, the primary operation of which is to teach or allow an individual to practice yoga or Pilates; a private employer who owns and operates a facility exclusively for the benefit of the employer's employees, retirees, or family members, if the operation of the facility: is only incidental to the overall function and purpose of the employer's business; and is offered on a nonprofit basis; an individual providing professional services within the scope of the individual's license with the Division of Professional Licensing; a country club; a nonprofit religious, ethnic, or community organization; a residential weight reduction center; a business enterprise that only offers virtual services; a business enterprise that only offers a credit for a service that a separate business enterprise offers; the owner of a lodging establishment, as defined in Section, if the owner only provides access to the lodging establishment's facility to: 29-2-102 a guest, as defined in Section; or 29-2-102 an operator or employee of the lodging establishment; an association, declarant, owner, lessor, or developer of a residential housing complex, planned community, or development, if at least 80% of the individuals accessing the facility reside in the housing complex, planned community, or development; or a person offering a personal training service exclusively as an employee or independent contractor of a fitness center.
(5) "Fitness center facility" means a facility to which a business entity provides access: for a charge or a fee; and for the development or preservation of physical fitness or well-being, through exercise or athletics.
(6) "Fitness center service" means instruction, a service, a privilege, or a right that a fitness center offers for sale. "Fitness center service" includes a personal training service.
(7) "Personal training service" means the personalized instruction, training, supervision, or monitoring of an individual's physical fitness or well-being, through exercise or athletics.
(8) "Primary location" means the fitness center facility that a fitness center designates in a contract for fitness center services as the fitness center facility the consumer in the contract will primarily use for fitness center services.