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 health spa services for consideration.
(3)"Division" means the Division of Consumer Protection.
(4)(4)(a) "Health spa" means a business enterprise that provides access to a facility:
(4)(a)(i) for a charge or a fee; and
(4)(a)(ii) for the development or preservation of physical fitness or well-being, through exercise, weight control, or athletics.
(4)(b) "Health spa" does not include:
(4)(b)(i) a licensed physician who operates a facility at which the physician engages in the practice of medicine;
(4)(b)(ii) a hospital, intermediate care facility,
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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 health spa services for consideration.
(3) "Division" means the Division of Consumer Protection.
(4) (4)(a) "Health spa" means a business enterprise that provides access to a facility:
(4)(a)(i) for a charge or a fee; and
(4)(a)(ii) for the development or preservation of physical fitness or well-being, through exercise, weight control, or athletics.
(4)(b) "Health spa" does not include:
(4)(b)(i) a licensed physician who operates a facility at which the physician engages in the practice of medicine;
(4)(b)(ii) a hospital, intermediate care facility, or skilled nursing care facility;
(4)(b)(iii) a public or private school, college, or university;
(4)(b)(iv) the state or a political subdivision of the state;
(4)(b)(v) the United States or a political subdivision of the United States;
(4)(b)(vi) a person offering instruction if the person does not:
(4)(b)(vi)(A) utilize an employee or independent contractor; or
(4)(b)(vi)(B) grant a consumer the use of a facility containing exercise equipment;
(4)(b)(vii) a business enterprise, the primary operation of which is to teach self-defense or a martial art, including kickboxing, judo, or karate;
(4)(b)(viii) 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;
(4)(b)(ix) a business enterprise, the primary operation of which is to teach or allow an individual to practice yoga or Pilates;
(4)(b)(x) 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:
(4)(b)(x)(A) is only incidental to the overall function and purpose of the employer's business; and
(4)(b)(x)(B) is offered on a nonprofit basis;
(4)(b)(xi) an individual providing professional services within the scope of the individual's license with the Division of Professional Licensing;
(4)(b)(xii) a country club;
(4)(b)(xiii) a nonprofit religious, ethnic, or community organization;
(4)(b)(xiv) a residential weight reduction center;
(4)(b)(xv) a business enterprise that only offers virtual services;
(4)(b)(xvi) a business enterprise that only offers a credit for a service that a separate business enterprise offers;
(4)(b)(xvii) the owner of a lodging establishment, as defined in Section 29-2-102, if the owner only provides access to the lodging establishment's facility to:
(4)(b)(xvii)(A) a guest, as defined in Section 29-2-102; or
(4)(b)(xvii)(B) an operator or employee of the lodging establishment;
(4)(b)(xviii) 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
(4)(b)(xix) a person offering a personal training service exclusively as an employee or independent contractor of a health spa.
(5) "Health spa facility" means a facility to which a business entity provides access:
(5)(a) for a charge or a fee; and
(5)(b) for the development or preservation of physical fitness or well-being, through exercise, weight control, or athletics.
(6) (6)(a) "Health spa service" means instruction, a service, a privilege, or a right that a health spa offers for sale.
(6)(b) "Health spa 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, weight control, or athletics.
(8) "Primary location" means the health spa facility that a health spa designates in a contract for health spa services as the health spa facility the consumer in the contract will primarily use for health spa services.