HB2525 Enrolled LRB094 08711 RXD 38923 b

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 changing Sections 2, 8, and 9 as follows:
6     (815 ILCS 645/2)  (from Ch. 29, par. 52)
7     Sec. 2. Definitions. (a) "Physical fitness center" or
8 "center" means any person or business entity offering physical
9 fitness services to the public.
10     (b) "Physical fitness services" or "services" includes
11 instruction, training or assistance in physical culture,
12 bodybuilding, exercising, weight reducing, figure development,
13 judo, karate, self-defense training, or any similar activity;
14 use of the facilities of a physical fitness center for any of
15 the above activities; or membership in any group formed by a
16 physical fitness center for any of the above purposes.
17     (c) "Basic physical fitness services" means access or
18 membership to the physical fitness center and the use of the
19 equipment and facilities as well as any classes, programs or
20 physical fitness services offered by the physical fitness
21 center as provided under subsection (b) of this Section, which
22 are allowed for or provided as part of the membership fee or
23 package, and excluding optional physical fitness services and
24 any non-physical fitness services which may be offered by the
25 physical fitness center.
26     (d) "Optional physical services" means additional goods or
27 physical fitness services offered by the physical fitness
28 center which are not part of the membership package or contract
29 but are available for additional cost and includes, but are not
30 limited to, personal training services, physical fitness,
31 wellness or exercise classes, nutritional counseling, weight
32 reduction, court time, privileges to use other physical fitness



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1 centers, and use of specialized physical fitness equipment or
2 facilities such as rock climbing walls or aquatic facilities.
3     (e) "Personal training services" means services performed
4 for a fee by a personal trainer or fitness instructor for
5 individuals or groups relating to developing, monitoring or
6 supervising physical training, exercise or fitness programs,
7 education and instruction regarding the use of exercise
8 equipment or techniques, or rendering advice relating to any of
9 the aforementioned subjects or related issues such as diet.
10     (f) "Non-physical fitness services" means services or
11 amenities offered by the physical fitness center which are not
12 directly related to physical fitness activities and which are
13 not included in the price of membership to the physical fitness
14 center and includes, but are not limited to, locker fees, spa
15 treatments, massage, tanning, personal grooming services,
16 laundry fees, room rental, parking, food and beverage,
17 vitamins, nutritional supplements, shoes, clothing, clothing
18 apparel, and sports or exercise equipment.
19 (Source: P.A. 84-850.)
20     (815 ILCS 645/8)  (from Ch. 29, par. 58)
21     Sec. 8. Prohibited contract provisions. (a) No contract for
22 physical fitness services shall require payment of a total
23 amount in excess of $2500 per year, and every such contract
24 must so provide in writing; except that this limit shall not
25 apply to any contract for: (1) family or couple memberships, or
26 (2) group memberships, membership, other than family
27 membership, where the purchaser is a corporation or other
28 business entity or any social, fraternal or charitable
29 organization not created for the purpose of encouraging this
30 contractual arrangement.
31     (b) No contract for family or couple memberships for basic
32 physical fitness services shall require payment in excess of
33 $2,500 per year per person covered under the membership.
34     (c) (b) No contract for physical fitness services shall
35 require payments or financing over a period in excess of 3



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1 years from the date the contract is entered into, nor shall the
2 term of any such contract be measured by the life of the
3 customer. The initial term of services to be rendered under the
4 contract may not extend over a period of more than 2 years from
5 the date the parties enter into the contract; provided that the
6 customer may be given an option to renew the contract for
7 consecutive periods of not more than one year each for a
8 reasonable consideration not less than 10% of the cash price of
9 the original membership.
10     (d) (c) No contract for physical fitness services shall
11 require or entail the execution of any note by the customer
12 which, when separately negotiated, will cut off as to third
13 parties any right of action or defense which the customer may
14 have against the physical fitness center. No right of action or
15 defense arising out of a contract for physical fitness services
16 which the customer has against the center shall be cut off by
17 assignment of the contract whether or not the assignee acquires
18 the contract in good faith and for value. Such an assignee is
19 not a holder in due course.
20 (Source: P.A. 84-1463.)
21     (815 ILCS 645/9)  (from Ch. 29, par. 59)
22     Sec. 9. General provisions. (a) All contracts for basic
23 physical fitness services which may be in effect between the
24 same center and the same customer, the terms of which overlap
25 for any period, shall be considered as one contract for the
26 purposes of this Act. No physical fitness center may sell,
27 induce, or permit any purchaser of basic physical fitness
28 services to become obligated directly or contingently under
29 more than one contract for services at the same time for
30 purposes of avoiding the provisions of this Act.
31     (b) Any waiver by the customer of the provisions of this
32 Act shall be void and unenforceable.
33     (c) Any contract for physical fitness services which does
34 not comply with the applicable provisions of this Act shall be
35 void and unenforceable.



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1     (d) If any court finds, as a matter of law, that a contract
2 or any provision thereof was unconscionable when made, the
3 court may refuse to enforce the contract, enforce the remainder
4 of the contract without the unconscionable provision, or limit
5 the application of any unconscionable provision to avoid an
6 unconscionable result.
7 (Source: P.A. 84-850.)
8     Section 99. Effective date. This Act takes effect upon
9 becoming law.