§ 621 — Definitions

§ 621. Definitions. 1. "Contract for services." As used in this\narticle, a contract for services means a contract for consumer services\nfor instruction, training or assistance in bodybuilding, exercising,\nweight reducing, figure development, the martial arts to include, judo,\nkarate and self-defense, or any similar course of physical training to\nbe provided for the future use by a consumer of the facilities providing\nthe foregoing instruction, training or assistance; or for membership in\nany group, club, association or organization for any of the above\npurposes; except however, that a contract for services shall not mean or\ninclude:\n (a) Membership in any group, club, association or organization which\nprovides any of the foregoing services and which is organized pursuant\nto the provisions of the not-for-profit corporation law; or\n (b) Boarding accommodations; or\n (c) Travel arrangements contracted for less than one year in advance;\nor\n (d) Contracts which incorporate warranties of services or repair given\nin conjunction with appliances or other goods, where the sale of goods\nis the primary object of the contract; or\n (e) Services by a college or university chartered by the university of\nthe state of New York, a secondary school, an elementary school, a\nnursery school or kindergarten; and\n (f) Contracts for services to provide instruction, training or\nassistance to acquire a vocation or skill conducted in a training school\nor by home study.\n (g) Contracts for programs which provide instruction for improving\ntennis skills, and are of eight weeks duration or less where the full\nfee does not exceed two hundred fifty dollars.\n (h) Contracts relating solely to the seasonal use of tennis\nfacilities.\n 2. "Health club" as used in this article means any person, firm,\ncorporation, partnership, unincorporated association, or other business\nenterprise offering instruction, training or assistance or the\nfacilities for the preservation, maintenance, encouragement or\ndevelopment of physical fitness or well being. Such term shall include\nbut shall not be limited to health spas, sports, tennis, racquet ball,\nplatform tennis and health clubs, figure salons, health studios,\ngymnasiums, weight control studios, martial arts and self-defense\nschools or any other similar course of physical training.\n 3. "Secretary" as used in this article shall mean the secretary of\nstate.\n 4. "Seller" as used in this article means any person, firm,\ncorporation, partnership, unincorporated association or other business\nenterprise which operates or intends to operate a health club.\n 5. "Buyer" as used in this article means any individual who enters\ninto a contract for services with a health club.\n 6. "Cardiopulmonary resuscitation" or "CPR" as used in this article\nmeans measures, as specified in regulations promulgated by the\ncommissioner of health, to restore function or support ventilation in\nthe event of a cardiac or respiratory arrest. Cardiopulmonary\nresuscitation shall not include measures to improve ventilation and\ncardiac functions in the absence of an arrest.\n 7. "Automated external defibrillator" or "AED" as used in this article\nmeans a medical device approved by the federal food and drug\nadministration that (a) is capable of recognizing the presence or\nabsence in a patient of ventricular fibrillation and rapid ventricular\ntachycardia; (b) is capable of determining, without intervention by an\noperator, whether defibrillation should be performed on the patient; (c)\nupon determining that defibrillation should be performed, automatically\ncharges and requests delivery of an electrical impulse to the patient's\nheart; and (d) upon action by an operator, delivers an appropriate\nelectrical impulse to the patient's heart to perform defibrillation.\n