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| Public Act 094-0663 |
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AN ACT concerning business.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. If and only if the provisions of House
Bill 2525 | ||||
of the 94th General Assembly changing Sections 2 and 8 of the | ||||
Physical Fitness Services Act become law, the Physical Fitness | ||||
Services Act is
amended by changing Sections 2 and 8 as | ||||
follows:
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(815 ILCS 645/2) (from Ch. 29, par. 52)
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Sec. 2. Definitions. (a) "Physical fitness center" or | ||||
"center" means
any person or business entity offering physical | ||||
fitness services to the public.
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(b) "Physical fitness services" or "services" includes | ||||
instruction,
training or assistance in physical culture, | ||||
bodybuilding, exercising,
weight reducing, figure development, | ||||
judo, karate, self-defense training,
or any similar activity; | ||||
use of the facilities of a physical fitness center
for any of | ||||
the above activities; or membership in any group formed by a
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physical fitness center for any of the above purposes. | ||||
(c) "Basic physical fitness services" means access or | ||||
membership to the physical fitness center and the use of the | ||||
equipment and facilities as well as any classes, programs or | ||||
physical fitness services offered by the physical fitness | ||||
center as provided under subsection (b) of this Section, which | ||||
are allowed for or provided as part of the membership fee or | ||||
package, and excluding optional physical fitness services and | ||||
any non-physical fitness services which may be offered by the | ||||
physical fitness center. | ||||
(d) "Optional physical fitness services" means additional | ||||
goods or physical fitness services offered by the physical | ||||
fitness center which are not part of the membership package or | ||||
contract but are available for additional cost and includes, | ||||
but are not limited to, personal training services, physical | ||
fitness, wellness or exercise classes, nutritional counseling, | ||
weight reduction, court time, privileges to use other physical | ||
fitness centers, and use of specialized physical fitness | ||
equipment or facilities such as rock climbing walls or aquatic | ||
facilities.
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(e) "Personal training services" means services performed | ||
for a fee by a personal trainer or fitness instructor for | ||
individuals or groups relating to developing, monitoring or | ||
supervising physical training, exercise or fitness programs, | ||
education and instruction regarding the use of exercise | ||
equipment or techniques, or rendering advice relating to any of | ||
the aforementioned subjects or related issues such as diet. | ||
(f) "Non-physical fitness services" means services or | ||
amenities offered by the physical fitness center which are not | ||
directly related to physical fitness activities and which are | ||
not included in the price of membership to the physical fitness | ||
center and includes, but are not limited to, locker fees, spa | ||
treatments, massage, tanning, personal grooming services, | ||
laundry fees, room rental, parking, food and beverage, | ||
vitamins, nutritional supplements, shoes, clothing, clothing | ||
apparel, and sports or exercise equipment.
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(Source: P.A. 84-850; 94HB2525enr.)
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(815 ILCS 645/8) (from Ch. 29, par. 58)
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Sec. 8. Prohibited contract provisions. (a) No contract for | ||
basic physical
fitness services
shall require payment of a | ||
total amount in excess of $2500 per year, and every such
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contract must so provide in writing;
except that this limit | ||
shall not apply to any contract for: (1) family or couple | ||
memberships, or
(2) group memberships, where the purchaser is a | ||
corporation or other
business entity or any social, fraternal | ||
or charitable organization not
created for the purpose of | ||
encouraging this contractual arrangement.
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(b) No contract for family or couple memberships for basic | ||
physical fitness services shall require payment in excess of | ||
$2,500 per year per person covered under the membership.
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(c) No contract for physical fitness services shall require | ||
payments or
financing over a period in excess of 3 years from | ||
the date the contract
is entered into, nor shall the term of | ||
any such contract be measured by
the life of the customer. The | ||
initial term of services to be rendered under
the contract may | ||
not extend
over a period of more than 2 years from the date the | ||
parties enter into
the contract; provided that the customer may | ||
be given an option to renew
the contract for consecutive | ||
periods of not more than one year each for
a reasonable | ||
consideration not less than 10% of the cash price of the | ||
original
membership.
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(d) No contract for physical fitness services shall require | ||
or entail
the execution of any note by the customer which, when | ||
separately negotiated,
will cut off as to third parties
any | ||
right of action or defense which the customer may have against | ||
the physical
fitness center. No right of action or defense | ||
arising out of a contract
for physical fitness services which | ||
the customer has against the center
shall be cut off by | ||
assignment of the contract whether or not the assignee
acquires | ||
the contract
in good faith and for value. Such an assignee is | ||
not a holder in due course.
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(Source: P.A. 84-1463; 94HB2525enr.)
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