Full Text of SB2072 94th General Assembly
SB2072enr 94TH GENERAL ASSEMBLY
|
|
|
SB2072 Enrolled |
|
LRB094 10585 RXD 40893 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. If and only if the provisions of House
Bill 2525 | 5 |
| of the 94th General Assembly changing Sections 2 and 8 of the | 6 |
| Physical Fitness Services Act become law, the Physical Fitness | 7 |
| Services Act is
amended by changing Sections 2 and 8 as | 8 |
| follows:
| 9 |
| (815 ILCS 645/2) (from Ch. 29, par. 52)
| 10 |
| Sec. 2. Definitions. (a) "Physical fitness center" or | 11 |
| "center" means
any person or business entity offering physical | 12 |
| fitness services to the public.
| 13 |
| (b) "Physical fitness services" or "services" includes | 14 |
| instruction,
training or assistance in physical culture, | 15 |
| bodybuilding, exercising,
weight reducing, figure development, | 16 |
| judo, karate, self-defense training,
or any similar activity; | 17 |
| use of the facilities of a physical fitness center
for any of | 18 |
| the above activities; or membership in any group formed by a
| 19 |
| physical fitness center for any of the above purposes. | 20 |
| (c) "Basic physical fitness services" means access or | 21 |
| membership to the physical fitness center and the use of the | 22 |
| equipment and facilities as well as any classes, programs or | 23 |
| physical fitness services offered by the physical fitness | 24 |
| center as provided under subsection (b) of this Section, which | 25 |
| are allowed for or provided as part of the membership fee or | 26 |
| package, and excluding optional physical fitness services and | 27 |
| any non-physical fitness services which may be offered by the | 28 |
| physical fitness center. | 29 |
| (d) "Optional physical fitness services" means additional | 30 |
| goods or physical fitness services offered by the physical | 31 |
| fitness center which are not part of the membership package or | 32 |
| contract but are available for additional cost and includes, |
|
|
|
SB2072 Enrolled |
- 2 - |
LRB094 10585 RXD 40893 b |
|
| 1 |
| but are not limited to, personal training services, physical | 2 |
| fitness, wellness or exercise classes, nutritional counseling, | 3 |
| weight reduction, court time, privileges to use other physical | 4 |
| fitness centers, and use of specialized physical fitness | 5 |
| equipment or facilities such as rock climbing walls or aquatic | 6 |
| facilities.
| 7 |
| (e) "Personal training services" means services performed | 8 |
| for a fee by a personal trainer or fitness instructor for | 9 |
| individuals or groups relating to developing, monitoring or | 10 |
| supervising physical training, exercise or fitness programs, | 11 |
| education and instruction regarding the use of exercise | 12 |
| equipment or techniques, or rendering advice relating to any of | 13 |
| the aforementioned subjects or related issues such as diet. | 14 |
| (f) "Non-physical fitness services" means services or | 15 |
| amenities offered by the physical fitness center which are not | 16 |
| directly related to physical fitness activities and which are | 17 |
| not included in the price of membership to the physical fitness | 18 |
| center and includes, but are not limited to, locker fees, spa | 19 |
| treatments, massage, tanning, personal grooming services, | 20 |
| laundry fees, room rental, parking, food and beverage, | 21 |
| vitamins, nutritional supplements, shoes, clothing, clothing | 22 |
| apparel, and sports or exercise equipment.
| 23 |
| (Source: P.A. 84-850; 94HB2525enr.)
| 24 |
| (815 ILCS 645/8) (from Ch. 29, par. 58)
| 25 |
| Sec. 8. Prohibited contract provisions. (a) No contract for | 26 |
| basic physical
fitness services
shall require payment of a | 27 |
| total amount in excess of $2500 per year, and every such
| 28 |
| contract must so provide in writing;
except that this limit | 29 |
| shall not apply to any contract for: (1) family or couple | 30 |
| memberships, or
(2) group memberships, where the purchaser is a | 31 |
| corporation or other
business entity or any social, fraternal | 32 |
| or charitable organization not
created for the purpose of | 33 |
| encouraging this contractual arrangement.
| 34 |
| (b) No contract for family or couple memberships for basic | 35 |
| physical fitness services shall require payment in excess of |
|
|
|
SB2072 Enrolled |
- 3 - |
LRB094 10585 RXD 40893 b |
|
| 1 |
| $2,500 per year per person covered under the membership.
| 2 |
| (c) No contract for physical fitness services shall require | 3 |
| payments or
financing over a period in excess of 3 years from | 4 |
| the date the contract
is entered into, nor shall the term of | 5 |
| any such contract be measured by
the life of the customer. The | 6 |
| initial term of services to be rendered under
the contract may | 7 |
| not extend
over a period of more than 2 years from the date the | 8 |
| parties enter into
the contract; provided that the customer may | 9 |
| be given an option to renew
the contract for consecutive | 10 |
| periods of not more than one year each for
a reasonable | 11 |
| consideration not less than 10% of the cash price of the | 12 |
| original
membership.
| 13 |
| (d) No contract for physical fitness services shall require | 14 |
| or entail
the execution of any note by the customer which, when | 15 |
| separately negotiated,
will cut off as to third parties
any | 16 |
| right of action or defense which the customer may have against | 17 |
| the physical
fitness center. No right of action or defense | 18 |
| arising out of a contract
for physical fitness services which | 19 |
| the customer has against the center
shall be cut off by | 20 |
| assignment of the contract whether or not the assignee
acquires | 21 |
| the contract
in good faith and for value. Such an assignee is | 22 |
| not a holder in due course.
| 23 |
| (Source: P.A. 84-1463; 94HB2525enr.)
|
|