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| Public Act 094-0687 |
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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. The Physical Fitness Services Act is amended by | ||||
changing Sections 2, 8, and 9 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 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.)
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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 | ||
physical
fitness services
shall require payment of a total | ||
amount in excess of $2500 per year, and every such
contract | ||
must so provide in writing;
except that this limit shall not | ||
apply to any contract for: (1) family or couple memberships, or
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(2) group memberships,
membership,
other than family | ||
membership, where the purchaser is a corporation or other
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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)
(b) 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)
(c) 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.)
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(815 ILCS 645/9) (from Ch. 29, par. 59)
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Sec. 9. General provisions. (a) All contracts for basic | ||
physical fitness services
which may be in effect between the | ||
same center and the same customer, the
terms of which overlap | ||
for any period, shall be considered as one contract
for the | ||
purposes of this Act. No physical fitness center may sell, | ||
induce,
or permit any purchaser of basic physical fitness | ||
services to become obligated
directly or contingently under | ||
more than one contract for services at the
same time for | ||
purposes of avoiding the provisions of this Act.
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(b) Any waiver by the customer of the provisions of this | ||
Act shall be
void and unenforceable.
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(c) Any contract for physical fitness services which does | ||
not comply with
the applicable provisions of this Act shall be | ||
void and unenforceable.
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(d) If any court finds, as a matter of law, that a contract | ||
or any provision
thereof was unconscionable when made, the | ||
court may refuse to enforce the
contract, enforce the remainder | ||
of the contract without the unconscionable
provision, or limit | ||
the application of any unconscionable provision to avoid
an | ||
unconscionable result.
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(Source: P.A. 84-850.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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