59.1-296 - Definitions.
§ 59.1-296. Definitions.
As used in this chapter:
"Business day" means any day except a Sunday or a legal holiday.
"Buyer" means a natural person who enters into a health spa contract.
"Commissioner" means the Commissioner of Agriculture and Consumer Services,or a member of his staff to whom he may delegate his duties under thischapter.
"Comparable alternate facility" means a health spa facility that isreasonably of like kind, in nature and quality, to the health spa facilityoriginally contracted, whether such facility is in the same location butowned by a different health spa or is at another location of the same healthspa.
"Contract price" means the sum of the initiation fee, if any, and allmonthly fees except interest required by the health spa contract.
"Facility" means a location where health spa services are offered asdesignated in a health spa contract.
"Health spa" means any person, firm, corporation, organization, club orassociation whose primary purpose is to engage in the sale of memberships ina program consisting primarily of physical exercise with exercise machines ordevices, or whose primary purpose is to engage in the sale of the right orprivilege to use exercise machines or devices. The term "health spa" shallnot include the following: (i) bona fide nonprofit organizations, including,but not limited to, the Young Men's Christian Association, Young Women'sChristian Association, or similar organizations whose functions as healthspas are only incidental to their overall functions and purposes; (ii) anyprivate club owned and operated by its members; (iii) any organizationprimarily operated for the purpose of teaching a particular form ofself-defense such as judo or karate; (iv) any facility owned or operated bythe United States; (v) any facility owned or operated by the Commonwealth ofVirginia or any of its political subdivisions; (vi) any nonprofit public orprivate school, college or university; (vii) any club providing tennis orswimming facilities located in a residential planned community orsubdivision, developed in conjunction with the development of such communityor subdivision, and deriving at least 80 percent of its membership fromresidents of such community or subdivision; and (viii) any facility owned andoperated by a private employer exclusively for the benefit of its employees,retirees, and family members and which facility is only incidental to theoverall functions and purposes of the employer's business and is operated ona nonprofit basis.
"Health spa contract" means an agreement whereby the buyer of health spaservices purchases, or becomes obligated to purchase, health spa services.
"Health spa services" means and includes services, privileges, or rightsoffered for sale or provided by a health spa.
"Initiation fee" means a nonrecurring fee charged at or near the beginningof a health spa membership, and includes all fees or charges not part of themonthly fee.
"Monthly fee" means the total consideration, including but not limited to,equipment or locker rental, credit check, finance, medical and dietaryevaluation, class and training fees, and all other similar fees or chargesand interest, but excluding any initiation fee, to be paid by a buyer,divided by the total number of months of health spa service use allowed bythe buyer's contract, including months or time periods called "free" or"bonus" months or time periods and such months or time periods which aredescribed in any other terms suggesting that they are provided free ofcharge, which months or time periods are given or contemplated when thecontract is initially executed.
"Out of business" means the status of a facility that is permanently closedand for which there is no comparable alternate facility.
"Prepayment" means payment of any consideration for services or the use offacilities made prior to the day on which the services or facilities of thehealth spa are fully open and available for regular use by the members.
"Relocation" means the provision of health spa services by the health spathat entered into the membership contract at a location other than thatdesignated in the member's contract.
(1984, c. 738; 1985, c. 585; 1986, c. 187; 1990, cc. 392, 433; 1991, c. 149;1992, c. 102; 2003, c. 344; 2007, c. 683; 2010, c. 439.)