Full Text of HB2525 94th General Assembly
HB2525ham001 94TH GENERAL ASSEMBLY
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Rep. Angelo Saviano
Filed: 4/6/2005
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09400HB2525ham001 |
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LRB094 08711 RXD 44330 a |
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| AMENDMENT TO HOUSE BILL 2525
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| AMENDMENT NO. ______. Amend House Bill 2525 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Physical Fitness Services Act is amended by | 5 |
| changing Sections 2, 8, and 9 as follows:
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| (815 ILCS 645/2) (from Ch. 29, par. 52)
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| Sec. 2. Definitions. (a) "Physical fitness center" or | 8 |
| "center" means
any person or business entity offering physical | 9 |
| fitness services to the public.
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| (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
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| 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 |
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| physical fitness center. | 2 |
| (d) "Optional physical services" means additional goods or | 3 |
| physical fitness services offered by the physical fitness | 4 |
| center which are not part of the membership package or contract | 5 |
| but are available for additional cost and includes, but are not | 6 |
| limited to, personal training services, physical fitness, | 7 |
| wellness or exercise classes, nutritional counseling, weight | 8 |
| reduction, court time, privileges to use other physical fitness | 9 |
| centers, and use of specialized physical fitness equipment or | 10 |
| facilities such as rock climbing walls or aquatic facilities.
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| (e) "Personal training services" means services performed | 12 |
| for a fee by a personal trainer or fitness instructor for | 13 |
| individuals or groups relating to developing, monitoring or | 14 |
| supervising physical training, exercise or fitness programs, | 15 |
| education and instruction regarding the use of exercise | 16 |
| equipment or techniques, or rendering advice relating to any of | 17 |
| the aforementioned subjects or related issues such as diet. | 18 |
| (f) "Non-physical fitness services" means services or | 19 |
| amenities offered by the physical fitness center which are not | 20 |
| directly related to physical fitness activities and which are | 21 |
| not included in the price of membership to the physical fitness | 22 |
| center and includes, but are not limited to, locker fees, spa | 23 |
| treatments, massage, tanning, personal grooming services, | 24 |
| laundry fees, room rental, parking, food and beverage, | 25 |
| vitamins, nutritional supplements, shoes, clothing, clothing | 26 |
| apparel, and sports or exercise equipment.
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| (Source: P.A. 84-850.)
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| (815 ILCS 645/8) (from Ch. 29, par. 58)
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| Sec. 8. Prohibited contract provisions. (a) No contract for | 30 |
| physical
fitness services
shall require payment of a total | 31 |
| amount in excess of $2500 per year, and every such
contract | 32 |
| must so provide in writing;
except that this limit shall not | 33 |
| apply to any contract for : (1) family or couple memberships, or
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| (2) group memberships,
membership,
other than family | 2 |
| membership, where the purchaser is a corporation or other
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| business entity or any social, fraternal or charitable | 4 |
| organization not
created for the purpose of encouraging this | 5 |
| contractual arrangement.
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| (b) No contract for family or couple memberships for basic | 7 |
| physical fitness services shall require payment in excess of | 8 |
| $2,500 per year per person covered under the membership.
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| (c)
(b) No contract for physical fitness services shall | 10 |
| require payments or
financing over a period in excess of 3 | 11 |
| years from the date the contract
is entered into, nor shall the | 12 |
| term of any such contract be measured by
the life of the | 13 |
| customer. The initial term of services to be rendered under
the | 14 |
| contract may not extend
over a period of more than 2 years from | 15 |
| the date the parties enter into
the contract; provided that the | 16 |
| customer may be given an option to renew
the contract for | 17 |
| consecutive periods of not more than one year each for
a | 18 |
| reasonable consideration not less than 10% of the cash price of | 19 |
| the original
membership.
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| (d)
(c) No contract for physical fitness services shall | 21 |
| require or entail
the execution of any note by the customer | 22 |
| which, when separately negotiated,
will cut off as to third | 23 |
| parties
any right of action or defense which the customer may | 24 |
| have against the physical
fitness center. No right of action or | 25 |
| defense arising out of a contract
for physical fitness services | 26 |
| which the customer has against the center
shall be cut off by | 27 |
| assignment of the contract whether or not the assignee
acquires | 28 |
| the contract
in good faith and for value. Such an assignee is | 29 |
| not a holder in due course.
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| (Source: P.A. 84-1463.)
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| (815 ILCS 645/9) (from Ch. 29, par. 59)
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| Sec. 9. General provisions. (a) All contracts for basic | 33 |
| physical fitness services
which may be in effect between the |
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| same center and the same customer, the
terms of which overlap | 2 |
| for any period, shall be considered as one contract
for the | 3 |
| purposes of this Act. No physical fitness center may sell, | 4 |
| induce,
or permit any purchaser of basic physical fitness | 5 |
| services to become obligated
directly or contingently under | 6 |
| more than one contract for services at the
same time for | 7 |
| purposes of avoiding the provisions of this Act.
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| (b) Any waiver by the customer of the provisions of this | 9 |
| Act shall be
void and unenforceable.
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| (c) Any contract for physical fitness services which does | 11 |
| not comply with
the applicable provisions of this Act shall be | 12 |
| void and unenforceable.
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| (d) If any court finds, as a matter of law, that a contract | 14 |
| or any provision
thereof was unconscionable when made, the | 15 |
| court may refuse to enforce the
contract, enforce the remainder | 16 |
| of the contract without the unconscionable
provision, or limit | 17 |
| the application of any unconscionable provision to avoid
an | 18 |
| unconscionable result.
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| (Source: P.A. 84-850.)
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| Section 99. Effective date. This Act takes effect upon | 21 |
| becoming law.".
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