Illinois General Assembly - Full Text of Public Act 100-0658
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Public Act 100-0658


 

Public Act 0658 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0658
 
HB4275 EnrolledLRB100 15336 KTG 32147 b

    AN ACT concerning business.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Physical Fitness Services Act is amended by
changing Section 8 as follows:
 
    (815 ILCS 645/8)  (from Ch. 29, par. 58)
    Sec. 8. Prohibited contract provisions.
    (a) (Blank). No contract for basic physical fitness
services shall require payment of a total amount in excess of
$2500 per year, and every such contract must so provide in
writing; except that this limit shall not apply to any contract
for: (1) family or couple memberships, or (2) group
memberships, where the purchaser is a corporation or other
business entity or any social, fraternal or charitable
organization not created for the purpose of encouraging this
contractual arrangement.
    (b) (Blank). No contract for family or couple memberships
for basic physical fitness services shall require payment in
excess of $2,500 per year per person covered under the
membership.
    (c) No contract for physical fitness services shall require
payments or financing over a period in excess of 3 years from
the date the contract is entered into, nor shall the term of
any such contract be measured by the life of the customer. The
initial term of services to be rendered under the contract may
not extend over a period of more than one year 2 years from the
date the parties enter into the contract; provided that the
customer may be given an option to renew the contract for
consecutive periods of not more than one year each for a
reasonable consideration not less than 10% of the cash price of
the original membership.
    (d) No contract for physical fitness services shall require
or entail the execution of any note by the customer which, when
separately negotiated, will cut off as to third parties any
right of action or defense which the customer may have against
the physical fitness center. No right of action or defense
arising out of a contract for physical fitness services which
the customer has against the center shall be cut off by
assignment of the contract whether or not the assignee acquires
the contract in good faith and for value. Such an assignee is
not a holder in due course.
(Source: P.A. 94-663, eff. 1-1-06; 94-687, eff. 11-3-05.)

Effective Date: 1/1/2019