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| | SB0314 Engrossed | | LRB104 08230 SPS 18280 b |
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| 1 | | AN ACT concerning business. |
| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly: |
| 4 | | Section 5. The Physical Fitness Services Act is amended by |
| 5 | | adding Section 7.5 as follows: |
| 6 | | (815 ILCS 645/7.5 new) |
| 7 | | Sec. 7.5. Contract requirements; lifetime memberships. |
| 8 | | (a) As used in this Section, "lifetime membership" means a |
| 9 | | membership advertised or represented by a physical fitness |
| 10 | | center as a membership to that physical fitness center that |
| 11 | | lasts for the duration of the life of the customer unless |
| 12 | | cancelled by the customer. |
| 13 | | (b) A physical fitness center that offers a lifetime |
| 14 | | membership that includes provisions in the membership contract |
| 15 | | that allow for increases in costs or fees or reductions in |
| 16 | | benefits shall disclose those provisions clearly and |
| 17 | | conspicuously in a bold, clearly readable font that is |
| 18 | | consistent with the typeface used in the contract. |
| 19 | | (c) If a physical fitness center that offers a lifetime |
| 20 | | membership fails to clearly and conspicuously disclose that |
| 21 | | the lifetime membership's costs or fees could increase or the |
| 22 | | lifetime membership's benefits could be reduced, as described |
| 23 | | in subsection (b), either during the contract's initial term |
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| | SB0314 Engrossed | - 2 - | LRB104 08230 SPS 18280 b |
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| 1 | | of services or with respect to any automatic renewal of the |
| 2 | | contract, then the physical fitness center must honor the |
| 3 | | original terms of the membership for the duration of the life |
| 4 | | of the customer and shall not increase any costs or fees or |
| 5 | | reduce any benefits provided for in the original lifetime |
| 6 | | membership unless: (i) the physical fitness center is sold to |
| 7 | | a person or entity that is not affiliated with or controlled by |
| 8 | | the original person or entity who operated the physical |
| 9 | | fitness center that entered into the lifetime membership |
| 10 | | contract with the customer; or (ii) the customer voluntarily |
| 11 | | agrees in writing to change the terms of the lifetime |
| 12 | | membership. |
| 13 | | (d) A physical fitness center shall provide a copy of the |
| 14 | | lifetime membership contract to the customer upon the request |
| 15 | | of the customer. |