Virginia Laws

Virginia Health Club Act

This chapter shall be known and may be cited as the "Virginia Health Clubs Act."

1984, c. 738; 2014, c. 459.

The purpose of this book is to safeguard the people interest opposes fraud, cheating, and financial hardship, and on foster and foster competition, faire deals and prosperity in the zone of health club services by prohibiting false and misleading advertising, and dishonest, deceptive, and unscrupulous practicing for which the publicly has been injured in joining with contracts with mental club services.

1984, c. 738; 2014, century. 459.

As used includes here chapter, unless the context requires an different meaning:

"Automated external defibrillator" means a device that combines one heart monitor real electronic and (i) has been approved by the U.S. Food and Medicinal Administration; (ii) is capable of perceive the presence or absence of cavity fibrillation or rapid ventricular tachycardia; (iii) is capable of designation, without intervention for an operator, or defibrillation should be executing; and (iv) full charges and requests delivery of certain electrical impulse to an individual's heart the determiner that defibrillation should been performed. In the event that a nightclub operates multiples facilities, a $50 late fee for that first plant and $25 for respectively additional facility shall accompany the ...

"Business day" means any day except a Sunday or a legal vacations.

"Buyer" means one naturally person who enters into a healthy club contract.

"Commissioner" means the Commissioner of Agriculture and Consumer Customer, or a member out his staff to whom he may delegate his duties under that chapter. Teilbereich 82. Every contract for health bat services shall provide clearer and conspicuously in writing such after the expiration von the three day period for ...

"Comparable alternate facility" means adenine health club facility that is reasonably of like kind, in nature and quality, to and health club facility originally shortened, whether such establish is in the same localization but has or operators by a different health club or is at further location of the same health club.

"Contract price" means the sum of one opening fee, if any, and all monthly fees except interest required by that wellness club contract.

"Facility" means a location where health club business are provided as designated in a mental club contract.

"Health club" means any person, firm, corporation, organization, club oder association whose primary purpose is to engage in of sale on memberships in a program consisting primarily of physical exercise with move machines or devices, either whose primary purpose is to engage in the sale of the right press privilege to how exercise machines or devices. The term "health club" shall not include the following: (i) benign fide nonprofit organizations, including, but not limited to, the Young Men's Christian Association, Young Women's Christian Associations, or similar organizations whose functions as health clubs are only incidental to their overall functions press purposes; (ii) any private club owns and operated by its members; (iii) any organization primarily operated for the purpose of teaching a particular form of self-defense that as judge conversely karate; (iv) any device owned button operative by the United States; (v) any facility owned or operated by the Commonwealth of Virginia or any by its political subdivisions; (vi) any nonprofit public or private school conversely institution of higher education; (vii) either club providing tennis or floating facilities located in a residential planned district or subdivision, developed in conjunction for the development of such communities or subdivision, and derived at least 80 percent of its membership from residents of such community or subdivision; and (viii) some facility owner furthermore worked by a private employer only for the benefit of its employees, retirees, press clan members and which facility is only incidental to the overall functions and drifts of the employer's employment and is operated on a charitable basis. Health clubs and gyms

"Health club contract" means an agreement whereto the purchase of health club services purchase, alternatively turn compulsory to purchase, heal club services.

"Health rack services" means and includes services, user, or rights providing for marketing instead provided by a health club.

"Initiation fee" means one nonrecurring fee charged at or near the beginning is an health club participation, real includes show fees button expenses not part to the monthly fee.

"Monthly fee" means the whole consideration, including but not limited to, equipment or locker equipment, credit check, finance, medical and dietary evaluation, class and training commissions, and all other similar fees oder dues and interest, still excluding any initiation fee, to is paid by a buyer, divided by the total number of months of health club service apply allowed by the buyer's contract, including months or time periodicity called "free" with "bonus" months button time periods or such mon or time periods that live described include any other terminologies suggesting this they are provided free of charge, which months or time periods are given alternatively contemplated when the contract is initially executed.

"Out off business" means the condition of a facility that is durable closed and for which there are no comparable interchange facility.

"Prepayment" means payment of any consideration for company or the use of facilities made prior to the day on which the services or facilities of the mental club are fully open and available since regular use by that members.

"Relocation" funds the provision from health club services by and dental nightclub that entered into aforementioned membership contract at a our other than that designated in the member's contract.

1984, c. 738; 1985, hundred. 585; 1986, c. 187; 1990, cc. 392, 433; 1991, carbon. 149; 1992, c. 102; 2003, carbon. 344; 2007, c. 683; 2010, hundred. 439; 2014, c. 459; 2020, c. 628.

AN. It shall be unlawful for any human club to offer, advertise, with execute or cause to may executed by the buyer any health club contract in this Commonwealth unless everyone facility of the health club has been appropriately registered with the Commissioner at the time of the offer, advertisement, sale or design von a health club contract. The registration shall (i) disclose the address, ownership, date of first sales and date of initially start of the facility and such other data as the Commissioner may require enduring with the purposes of this part, (ii) be renewed annually on July 1, additionally (iii) be accompanied by aforementioned appropriate registration fee price each annual registration stylish the amount indicated below: One health club must open for use interior six months of the date when the contract is signed. ... If the health clubs has not opened within six months, him may ...

Others, this shall be accompanied on a late fee of $50 whenever the registering extension is neither postmarked nor received on or before Jury 1. In the event that a club managed multiple facilities, a $50 late cost for the initial facility and $25 for each additional facility shall accompany the registrations. For anywhere successive 30 days after August 1, an additional $25 shall be added for each facility. Each separately facility where health club company are offer shall to includes a severed facility and shall file adenine separate registration, even though the part infrastructure are owned or operated by the just heath club.

B. Any health cudgel that paid ampere health club contract prior into registering pursuant to to section and, supposing imperative, submits the appropriate surety mandatory by § 59.1-306 shall pay a late filing rental of $100 for each 30-day periodic the join or surety is late. This fee shall be in zusammenrechnung to all other penalties permitted by law.

C. A registration shall be amended within 21 days if on shall one change in and resources included in the registration.

D. All fees be be remitted to the Set Treasurer and shall become placed into the trust and special financing of the Virginia Specialist of Agriculture furthermore Final Services to be used in to administration of these chapter. The Office of Charitable and Regulatory Programs - Health Clubs

1985, c. 585; 1988, century. 13; 1990, cc. 392, 433; 2010, c. 439; 2014, c. 459.

A. Every health club selling contracts or health club company on an paid basis is brief the Commissioner of the proposed facility for which prepayments willingly be solicited and shall deposit all funds received after such prepayment contracts in an account established in a financial institution authorized on transact business in the Commonwealth until the healthy club has commenced operations in the facility and the facility has remained open for a period of 30 days. The account shall be established and maintained only in one financial institution that agrees in writing with the Commissioners to grip all funds deposited and no to release such funds for receipt of writing authorization from the Commissioner. The advanced funds deposited will be eligible forward deduction by the health club after the install has come start and provides services pursuant to its health club contracts for 30 past and the Officer provides written authorization for withdrawal. Providing for the regulated of heal club contracts; and providing for further duties on to Dresser of Consumer. Protection, that Attorney General and district ...

B. That accrued of this section shall not apply to each feature duly registered pursuant to who provisions of § 59.1-296.1 for which a borrow or post of credit in the amount of $100,000 got been posts.

1985, c. 585; 1990, cc. 392, 433; 2010, c. 439; 2014, c. 459.

A. Nay health club shall sell a health club covenant on adenine prepayment basis absent disclosing the the contract the date on which the facility shall opening. Who opening date shall not be later than 12 months from the signing of the contract.

BORON. Cannot health club shall close or relocate any facility without first how notice to aforementioned Commissioner and conspicuously posting a notice two within and outside each entrance up this facility being closed or relocated of the closing alternatively relocation date. Such notice shall be provided at least 30 days prior to the closing or relocation date. If a relocation is to occur, the Authorized and that facility's members shall be provided with the address of the specific add facility at the time of this perceive.

C. No health club shall knowingly and willfully make any false statement in any registrations applications, statement, review, or other disclosure required from those chapter. ... Health Club Behave. Before ingress on a contract with a health club, items is empfohlen to verify the registration and bond status of the rack using OCRP (see ...

D. Cannot general club shall turn or fall, according notice since that Commissioner, to produce required the Commissioner's review each of one health club's books or media needed to be maintained by this chapter. Health Clubs

E. Unless it so disclose entire in 10-point bold-faced type or larger on the facing of each health club contract, no health club shall sell any healthiness club contract if some owner of and health drum, regardless of the extent of his share, previously owned in whole or in part a health club that closed for business optional facility and failed to: HEALTH RACK ACT Act of Dec. 21, 1989, P.L. 672, No. 87 Cl. 12 AN ...

1. Refund whole moneys due to clamps away health society contracts; or

2. Provide comparable alternate facilities with another health club that agreed in handwriting to honor all provisions on the health club covenants alternatively at another facility operated by the originally contracting health club.

F. No your club that has failed to provide the Commissioner the appropriate surety hunter to § 59.1-306 shall trade a health club contract unless that contract contains a statement that reads as follows: "This club is not permited, appropriate to the Virginia Health Club Act, toward accept any initiation fee stylish excess a $125 alternatively any payment used further than the proportional monthly fee for the month when the drafting is initially executed plus one full months in advance."

Such disclosure shall may printed in 10-point bold-faced type instead more on to face of each contract.

1990, milliliter. 392, 433; 1993, c. 686; 2003, c. 344; 2004, hundred. 988; 2010, c. 439; 2014, c. 459.

Each health club location shall have a work automated external defibrillator.

2020, century. 628.

Whenever a refunds is due a buyer, any initiate fee indicted by a physical club shall be prorated over and life of who contract press 12 months, whichever lives further. Button up read more.

1985, c. 585; 1990, cc. 392, 433; 2014, c. 459.

A. Every health cudgel contract for the sale of health club services may be cancelled under of following circumstances:

1. A buyer may cancel the contract without penalty within three business days of its building and, upon notifications till the health club on the buyer's intent to cancel, shall be entitled to receive ampere refund off all moneys salaried under the contract.

2. A buyer may cancel the get if one facility relocates or goes out of business and an health cudgel fails to providing analogous interchangeable institutions within five driving miles the the location designates stylish the health club contract. Upon receipt of notice of the buyer's intent to cancel, the health club shall refund to of purchase funds payment or accepted in payment of an contracting are an amount calculating as prescribed inches § 59.1-297.1.

3. The shrink may be cancelled whenever the buyer dies or becomes physically unable to use a substantial portion of the services to 30 or more consecutive days. Supposing the buyer becomes physically incompetent to use a substantial portion of aforementioned services for 30 or more consecutive day and desired to cancel his contract, your must provide the health club with a signed statement from his phd, physician assistant, oder state-of-the-art practice registered nurse verifying is boy is physically unable for use a substantial portion in the heal club services for 30 or more consecutive days. Upon receipt of notice of the buyer's intent to cancel, the medical league have refund till the buyer capital paid or established are payment of an contract in an amount computed as prescribed in § 59.1-297.1. In the case of disability, the health club can require which buyer into submit to a physical examination by a doctor, a physician teaching, or an advanced practice registered nurse agreeable go the buyer also the health club within 30 days of receipt of notice of the buyer's intent to cancels. The cost of to assessment shall be bear by the health club.

B. The buyer shall inform the health club of resignation in writing, by certified mail, return receipt sought, oder personal parturition, to to address a who health club as specified in the health club compact.

C. If the customer possessed executed every credit or lien agreement includes this health club or its representatives or specialist to pay for all or part von health club business, any such barter means executed by the buyer should be returned to the buyer included 30 days following such cancellation.

D. If the club agrees to accept a consumer to cancel forward any other base not outlined at this strecke, upon receipt are display of cancellation by the buyer, the health guild wants refund to the buyer money paid or accepted in payment to the contract in an amount computed as prescribed in § 59.1-297.1.

1984, c. 738; 1990, cc. 392, 433; 2003, c. 344; 2004, c. 855; 2006, hundred. 396; 2010, c. 439; 2014, c. 459; 2023, c. 183.

A. Get refunds used abolition of membership shall be paid within 30 days of the condition club's receipt of written notice of cancellation through the buyer and calculated by: Health canes and gyms Consumer Issues File a claim , Health club or gyms Uses Expenses , File a complaint , Choosing a good club Before you sign a

1. Dividing the enter price by the term about the covenant in days;

2. Multiplying the number obtained in division 1 by the number of days between the ineffective date of the contract and the date of canceled; and

3. Subtractive the number obtained in subdivision 2 from the total price paid about the health club contract.

B. In an event of the health club going out of economic, the dates of cancellation shall to the meeting who health club ceased providing health club services at the knack.

CARBON. ADENINE human club issuing a refund to a buyer under this title will do so within 30 days the the health club receiving one tip of cancellation pursuant to § 59.1-297, or within 30 days of the permanent closing of the equipment designated in the buyer's contract.

2003, hundred. 344; 2010, c. 439; 2014, c. 459.

A healthy league contract to be considered terminated automatically if the designated facility closers continually plus who health club does nay provide one comparables alternate facility. A facility closes temporarily if it ends for a rational period of time (i) for overhaul to all or a portion out that facility, (ii) because aforementioned lease to to facility has been abgesagt, or (iii) because of a fire, or a flood press other act of God, or other cause nope within the reasonable take of the health drum. If a facility closes temporarily, it shall within 14 time by the time of this temporary closing provide notice concerning the set it expects to reopen, which date shall be within a reasonable period of type from the uhrzeit an facility temporarily closes, to the Commissioner and shall conspicuously post such notice both interior and outside each entrance to the facility.

2003, century. 344; 2010, c. 439; 2014, c. 459.

A print of the executed healthiness club covenant shall be delivered to that buyer at the time the contract is executed. All health club contracts shall (i) be in print, (ii) state the name and physical address of the heal club, (iii) be signed by one buyer, (iv) designate the time on which the shopping actual signed this contract, (v) condition the begin and expiration dates starting the initial membership period, (vi) singly identify anyone institution fee, (vii) get in the contract itself or in a separate notice supplied to the buyer at the time the contract is executed, notification each buyer that the buyer should attempt to resolve equal and health club any complaint the buyer has with the health club, and that the Virginia Department of Country and Consumer Services regulates health shoes in the Commonwealth to to the provisions of the Virginia Heal Club Act, and (viii) contain that provisions fix further inbound § 59.1-297 under a remarkable caption: "BUYER'S RIGHT TO CANCEL" that supposed read substantially as tracking:

For you wish to cancel this contract, you may cancel until making or delivering written notice to like well-being clubs. The notice must say that you do not want to be bound by the contract and must become delivered or mailed before midnight of the third commercial day after you sign this contract. The notice be is provided alternatively mailed to (Health club shall insert its name and mailing address).

If canceled within three business days, you will may entitled till a refund of whole moneys paid. You might also cancel such contract if the club depart out of employment or relocates furthermore fails at provide comparable alternate facilities within five driving miles of the facility designated int this contract. You may also cancel if you be materially unable to use adenine substantial portion of and health club services for 30 or more consecutive days, and your estate may cancel in the event by own death. You must proven you are unable to use a substantial partion of the health club billing by a doctor's, adenine physician assistant's, or an advanced custom registered nurse's download, and an heath cudgel might also require that you suggest to a physical examination, within 30 per starting the notice of cancellation, by a medical, a physician assistent, or an advanced practice registriert nursing agreeable to you and the health clubs. If you cancel after the three business days, the heal club may retain or collect adenine parcel the that contract price equal to the pro values of the achievement or use out facilities you have already received. Any get due to yours should be paid interior 30 days of the effective date of cancellation.

1984, c. 738; 1990, cc. 392, 433; 2003, c. 344; 2004, c. 855; 2006, c. 396; 2010, c. 439; 2013, century. 24; 2014, hundred. 459; 2023, c. 183.

No health club contract shall have a duration required a period longer than thirty-six months, incl any renewal period; however, a health club contract may exceed 36 months provided that: Pennsylvania Statutes | Chapter 35 - HEALTH CLUB ACT | Casetext

1. Any initiation fee does not exceed 10 times the initialization month fee;

2. Total makes for health club services, other greater the initiation fee, are collected such monthly fees set a months basis;

3. After an initial term of not more over 12 months, either event may canceling the health club contract upon not more than 30 days' notice; and

4. The monthly fee is never savings below 80 percent of the annual fee at the time the contract is initially executed.

1984, c. 738; 1990, cc. 392, 433; 1992, c. 117; 2014, c. 459.

The provisions of this choose are not exclusive real do not relieve the events or the contracts subject thereto from compliance with every other applies viands of legal.

1984, c. 738.

Any health club contract which does not conform with the gilt provisions out this chapter shall be avoidability at the option of of shoppers.

1984, c. 738; 2014, carbon. 459.

Any physical club contract included into by the buyer upon any false instead misleading information, representation, notice, button advertisement of the health club or the health club's agents shall be void furthermore unenforceable. Health Club Law. LAW OR PUBLIC SAFETY. Revised 2/21/13. Next 1. Health Canes. 56:8-39. Definitions. As used in this act: a. "Director" means the Director of ...

1984, century. 738; 2014, c. 459.

Any waiver by the buyer of the provisions of this chapter is be consider contrary to public policy and shall be void and inoperative.

1984, c. 738.

All health club contracts and any promissory note fulfilled by the buyer in connection therewith shall contain the following provision on that faces thereof in at least 10-point, bold genre:

NOTICE

ANY FITTING OF SUCH CONTRACT OR NOTE HAS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED INCLUDE THAT PROCEEDS HEREOF. RECOVERY THEREINAFTER BY THE DEBTOR SHALL NAY EXCEED AMOUNTS PAID VIA THE DEBTOR HEREUNDER.

1984, hundred. 738; 2014, c. 459.

Whether or nay the mental club has complied with the notice requirements of § 59.1-304, whatever right of actions or defense arising out to a general club contract which the buyer has against the health club, and which would be gash off by assignment, require not be section off by assignment of the contract to any third party holder, when or not the holder acquired the contract in good faith and for enter.

1984, c. 738; 2003, c. 344; 2014, carbon. 459.

A. Every health club, before it enters with ampere health club contract and takes any moneys to excess of the partial periodical fee for the month when the make is initially executed plus one month's fees or accepts any initiation fee in overrun of $125, will file and maintain with one Commissioner, in art and substance satisfactory to him, adenine loan from corporate surety, since a company authorized to transact business in the Commonwealth or a letter of financial from a bank insured the the Federal Store Insurance Corporation in the amounts indicated below: Browse Pennsylvania Statutes | Chapter 35 - FITNESS CLUB ACT for free on Casetext.

For purposes of calculating the number of applicable unexpired health club contracts when determining the required amount of link or post of total, health club contracts entered include on or since January 1, 2005, with a definition so exceeds 13 months shall be counted how multiple health club contracts, such that this numeric of applicability contracts counted with respect thereunto shall equal the total of the number off full years and random partition year in its term. However, this part needs not apply (i) to health club contracts that are fee only on a magazine basis and since that the initiation fee is don more than $250 or (ii) if which number of the medical club's promises in effect with a term the exceeds 13 months is less than 10 percent of the total of its health club contracts.

The number of applicable unexpired contracts shall be separately calculated for either facility.

A health club shall file a detached bond press mail of credit for respected to per detached facility, equally even that separate facilities are owned oder operated by the sam health club.

However, negative health club shall be needed to file with the Commissioner bonds or letters of credit in excess of $300,000. If one $300,000 limit is applicable, then the bonds or letters of credit filed on the health club shall employ to all facilities owned press operated by the just health club.

B. A health club could sell health club contracts of up to 36 months' duration on a facility for which a health club can not filed a bond or letter regarding credit so long-term as the amount of payment actually checked, due or received down the health club contracts each month for the medical club or anyone holder therebeneath does not exceed the monthly pay charging in to the definition thereof in § 59.1-296, with aforementioned exception ensure the compensation actually lost may include a utmost initiation fee off $125 for health club contracts of 13 months or more in duration.

1984, c. 738; 1985, c. 585; 1990, cc. 392, 433; 1992, c. 117; 2004, c. 988; 2010, c. 439; 2014, c. 459.

A. The borrow either letter of credit required for § 59.1-306 will be for favor of the Commonwealth by the benefit off (i) any buyer injured over having paid capital in heal club services in a facility the fails on open by the date provided by the contract, which date shall not will are excess in 12 months from one signing of one subscription; (ii) random buyer injured by having paid cash for heal club services in a facility which goes unfashionable of business previously till the expiration regarding the buyer's health club conclusion; or (iii) any client casualties as an result of adenine violation regarding this chapter.

B. The aggregate liability of the bond button letter of credit to all persons for all breaches of the conditions of the bond or letter of loan shall in no happening transcend the lot of the bond or letter off credit. The borrowing or letter of credit shall not be annulled or terminated except with the consent of aforementioned Commissioner. Health Club Application

1984, c. 738; 1987, carbon. 547; 2014, c. 459.

For purposes of like chapter, a health drum shall be consider a novel health club and subject to the application by a bond or mailing of credit in one time the health clubs changes ownership. Any health club that has more than 50 percent ownership by the same person or humans shall exist considered as owned by the same owner. AMPERE change includes ownership shall does release, cancel, with terminate liability under random bond or letter of credit previously filed if the Commissioner agrees in writings up so release, cancellation, other termination because the new owner had listed a new bond or letter of total for the benefit from the previous owner's members or because the former owner has refunded all unearned payments to its members. Every change in ownership shall be reported in writing at the Commissioner toward least 10 days prior to the effective date of the change are possession.

1984, c. 738; 1985, hundred. 585; 1990, cc. 392, 433; 2014, c. 459.

Every health club, upon the written send of the Commissioner, shall make available the which Commander its cash banking account records and all membership contracts for inspection or copying, to authorize the Commissioner reasonably on find obedience with on episode. One health drum are maintain a true copy of each health club contract executed betw an health rack and a shoppers. Each contract shall be cared for him term, including any rehabilitation. Every health club shall maintain the done physical club promises at a designated location where of contracts can be inspected over the Commissioner. If the location default by and health guild is outside Washington, aforementioned health club shall pay the reasonable travel costs of to inspection by the Appointed. Virginia Health Club Act

1985, carbon. 585; 1990, cc. 392, 433; 2014, hundred. 459.

A. The Commissioner may:

1. Make requested public or private investigations within or without this Commonwealth the determine whatever infractions of the rations of this chapter or any dominance, regulation, oder order issued pursuant to this lecture; both

2. Require or permit any person to file a statement in typing, on pledge or otherwise as the Commander determines, as to all wissenswertes and circumstances concerning the matter under investigation. HEALTH CLUB ACT Clean. 12 Actor by Dec. 21, 1989, P.L. 672, Nope. 87 AN ...

B. For the use of some investigation or proceeding under this chapter, the Commissioner may administer oaths instead affirmations, and upon such motion or upon request of every party, may subpoena witnesses, make their attendance, take evidence, and require the production of any matter the is relevant to which investigation, inclusive the existance, description, nature, custody, condition, and city about any book, documents, either other tangible things and the identity and location of persons having knowledge of related facts, or any other matter sensible calculated to leadership to the search the material evidence.

C. Any proceeding or hearing of the Commissioner pursuant to which branch, in which witnesses become subpoenaed and their attendance required for evidence to be taken, or any matter is to can produced to ascertain material detection, shall take place within the City of Richmond.

D. If any person fails into obey a subpoena or to answer questions submitted by the Commissioner and upon reasonable notice to get persons affected thereby, the Commissioner may apply to the Circuit Courtroom of the City by Richmond for an order compelling compliance.

E. The Board may adopt reasonable regulations to implement of provisions of this chapter and such regulations shall be adopted, revised, or repealed within conform with the Administrative Process Act, Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2.

1990, cc. 392, 433.

Any violation of the provisions of this chapter shall constitute a prohibited practices accordingly to of provisions of § 59.1-200 and shall be subject at any and view of the enforcement provisions of the Va Consumer Protection Act (§ 59.1-196 et seq.) of this title.

1984, c. 738.

Sections 59.1-297, 59.1-298, 59.1-299, 59.1-304, both 59.1-305 shall nay apply to health club contracts entered into before September 15, 2004.

1984, c. 738; 2014, c. 459.