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FITNESS FACILITY MEMBERSHIP AMENDMENTS

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2021 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Paul Ray

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Senate Sponsor: ____________

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7     LONG TITLE
8     General Description:
9          This bill amends the Health Spa Services Protection Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends provisions of the Health Spa Services Protection Act related to contracts for
13     health spa services;
14          ▸     requires a health spa to permit a customer to cancel a health spa service or receive a
15     refund in person at a health spa facility where the customer receives a health spa
16     service;
17          ▸     prohibits a health spa from requiring a customer to contact a third party or go online
18     to cancel a health spa service or receive a refund; and
19          ▸     makes technical and conforming changes.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:
26          13-23-3, as last amended by Laws of Utah 2005, Chapter 18
27     

28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 13-23-3 is amended to read:
30          13-23-3. Contracts for health spa services.
31          (1) (a) Any contract for the sale of health spa services shall be in writing.
32          (b) The written contract described in Subsection (1)(a) shall constitute the entire
33     agreement between the consumer and the health spa.
34          (2) (a) The health spa shall provide the consumer with a fully completed copy of the
35     contract required by Subsection (1) at the time of [its] the contract's execution.
36          (b) The copy described in Subsection (2)(a) shall show:
37          [(a)] (i) the date of the transaction;
38          [(b)] (ii) the name and address of the health spa; and
39          [(c)] (iii) the name, address, and telephone number of the consumer.
40          (3) (a) A contract described in Subsection (1):
41          (i) may not have a term in excess of 36 months[, but the contract]; and
42          (ii) may provide that the consumer may exercise an option to renew the term after [its]
43     the contract's expiration.
44          (b) Except for a lifetime membership sold [prior to] before May 1, 1995, a health spa
45     may not offer a lifetime membership.
46          (4) (a) [The] A contract described in Subsection (1) or an attachment to [it] the contract
47     shall clearly state [any rules] each rule of the health spa that [apply] applies to:
48          [(a)] (i) the consumer's use of [its] the health spa's facilities and services; and
49          [(b)] (ii) cancellation and refund policies of the health spa.
50          (b) The cancellation and refund policies described in Subsection (4)(a):
51          (i) shall permit a consumer to cancel a health spa service or receive a refund in person
52     at a health spa facility where the consumer receives a health spa service; and
53          (ii) may not require a consumer:
54          (A) to contact a third party to cancel a health spa service or receive a refund; or
55          (B) to go online to cancel a health spa service or receive a refund.
56          (5) [The] A contract described in Subsection (1) shall specify which equipment or
57     facility of the health spa:
58          (a) is omitted from the contract's coverage; or
59          (b) may be changed at the health spa's discretion.
60          (6) [The] A contract described in Subsection (1) shall clearly state that the consumer
61     has a three-day period after the day on which the contract is executed to rescind the contract.