§ 4-94-102 - Definitions.
               	 		
4-94-102.    Definitions.
    As used in this chapter, unless the context otherwise requires:
      (1)  "Buyer" means a person who contracts for and purchases services under a health spa services contract;
      (2)  "Contract  for health spa services" means a written agreement whereby a buyer  purchases or is obligated to purchase the health spa services or a right  to use its facilities;
      (3)    (A)  "Health  spa" means and includes any person, firm, corporation, organization,  club, or association engaged in the sale of memberships in a program of  physical exercise which includes the use of one (1) or more of a sauna,  whirlpool, weightlifting room, massage, steam room, or exercising  machine or device, or engaged in the sale of the right or privilege to  use exercise equipment or facilities, such as a sauna, whirlpool,  weightlifting room, massage, steam room, or exercising machine or  device.
            (B)  The term "health spa" shall not include the following:
                  (i)  Bona  fide nonprofit organizations, including, but not limited to, the Young  Men's Christian Association, Young Women's Christian Association, or  similar organizations whose functions as health spas are only incidental  to the overall functions and purposes;
                  (ii)  Any organization primarily operated for the purpose of teaching a particular form of martial arts, such as judo or karate;
                  (iii)  Any nonprofit public or private school, college, or university;
                  (iv)  Any country club; or
                  (v)  Weight-loss  or weight-control services which do not provide physical exercise  facilities and which do not obligate the customer for more than  twenty-five (25) months; and
      (4)  "Seller"  means the person, corporation, partnership, association, or group that  is engaged in the operation of the health spa, as defined in this  section and who offers for sale the right to use health spa facilities  or services, now or in the future.