CODE OF VIRGINIA

DEFINITIONS (§ 59.1-296)

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 club contract.”Commissioner” means the Commissioner of
Agriculture and Consumer Services, or a member of his staff to whom he may
delegate his duties under this chapter.”Comparable alternate
facility” means a health club facility that is reasonably of like kind, in
nature and quality, to the health club facility originally contracted, whether
such facility is in the same location but owned or operated by a different
health club or is at another location of the same health club.”Contract
price” means the sum of the initiation fee, if any, and all monthly fees
except interest required by the health club contract.”Facility”
means a location where health club services are offered as designated in a
health club contract.”Health club” means any person, firm,
corporation, organization, club or association whose primary purpose is to
engage in the sale of memberships in a program consisting primarily of physical
exercise with exercise machines or devices, or whose primary purpose is to
engage in the sale of the right or privilege to use exercise machines or
devices. The term “health club” 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 clubs are only incidental to
their overall functions and purposes; (ii) any private club owned and operated
by its members; (iii) any organization primarily operated for the purpose of
teaching a particular form of self-defense such as judo or karate; (iv) any
facility owned or operated by the United States; (v) any facility owned or
operated by the Commonwealth of Virginia or any of its political subdivisions;
(vi) any nonprofit public or private school, college or university; (vii) any
club providing tennis or swimming facilities located in a residential planned
community or subdivision, developed in conjunction with the development of such
community or subdivision, and deriving at least 80 percent of its membership
from residents of such community or subdivision; and (viii) any facility owned
and operated by a private employer exclusively for the benefit of its employees,
retirees, and family members and which facility is only incidental to the
overall functions and purposes of the employer’s business and is operated
on a nonprofit basis.”Health club contract” means an agreement
whereby the buyer of health club services purchases, or becomes obligated to
purchase, health club services.”Health club services” means and
includes services, privileges, or rights offered for sale or provided by a
health club.”Initiation fee” means a nonrecurring fee charged at or
near the beginning of a health club membership, and includes all fees or charges
not part of the monthly fee.”Monthly fee” means the total
consideration, including but not limited to, equipment or locker rental, credit
check, finance, medical and dietary evaluation, class and training fees, and all
other similar fees or charges and interest, but excluding any initiation fee, to
be paid by a buyer, divided by the total number of months of health club service
use allowed by the buyer’s contract, including months or time periods
called “free” or “bonus” months or time periods and such
months or time periods that are described in any other terms suggesting that
they are provided free of charge, which months or time periods are given or
contemplated when the contract is initially executed.”Out of
business” means the status of a facility that is permanently closed and
for which there is no comparable alternate facility.”Prepayment”
means payment of any consideration for services or the use of facilities made
prior to the day on which the services or facilities of the health club are
fully open and available for regular use by the members.”Relocation”
means the provision of health club services by the health club that entered into
the membership contract at a location other than that designated in the
member’s contract.

HISTORY: 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; 2014, c. 459.