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Public Act 094-0687
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| HB2525 Enrolled |
LRB094 08711 RXD 38923 b |
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AN ACT concerning business.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Physical Fitness Services Act is amended by |
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 |
"center" means
any person or business entity offering physical |
fitness services to the public.
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(b) "Physical fitness services" or "services" includes |
instruction,
training or assistance in physical culture, |
bodybuilding, exercising,
weight reducing, figure development, |
judo, karate, self-defense training,
or any similar activity; |
use of the facilities of a physical fitness center
for any of |
the above activities; or membership in any group formed by a
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physical fitness center for any of the above purposes. |
(c) "Basic physical fitness services" means access or |
membership to the physical fitness center and the use of the |
equipment and facilities as well as any classes, programs or |
physical fitness services offered by the physical fitness |
center as provided under subsection (b) of this Section, which |
are allowed for or provided as part of the membership fee or |
package, and excluding optional physical fitness services and |
any non-physical fitness services which may be offered by the |
physical fitness center. |
(d) "Optional physical services" means additional goods or |
physical fitness services offered by the physical fitness |
center which are not part of the membership package or contract |
but are available for additional cost and includes, but are not |
limited to, personal training services, physical fitness, |
wellness or exercise classes, nutritional counseling, weight |
reduction, court time, privileges to use other physical fitness |
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centers, and use of specialized physical fitness equipment or |
facilities such as rock climbing walls or aquatic facilities.
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(e) "Personal training services" means services performed |
for a fee by a personal trainer or fitness instructor for |
individuals or groups relating to developing, monitoring or |
supervising physical training, exercise or fitness programs, |
education and instruction regarding the use of exercise |
equipment or techniques, or rendering advice relating to any of |
the aforementioned subjects or related issues such as diet. |
(f) "Non-physical fitness services" means services or |
amenities offered by the physical fitness center which are not |
directly related to physical fitness activities and which are |
not included in the price of membership to the physical fitness |
center and includes, but are not limited to, locker fees, spa |
treatments, massage, tanning, personal grooming services, |
laundry fees, room rental, parking, food and beverage, |
vitamins, nutritional supplements, shoes, clothing, clothing |
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 |
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
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(2) group memberships,
membership,
other than family |
membership, where the purchaser is a corporation or other
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business entity or any social, fraternal or charitable |
organization not
created for the purpose of encouraging this |
contractual arrangement.
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(b) 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.
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(c)
(b) No contract for physical fitness services shall |
require payments or
financing over a period in excess of 3 |
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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 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.
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(d)
(c) 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.
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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 |
physical fitness services
which may be in effect between the |
same center and the same customer, the
terms of which overlap |
for any period, shall be considered as one contract
for the |
purposes of this Act. No physical fitness center may sell, |
induce,
or permit any purchaser of basic physical fitness |
services to become obligated
directly or contingently under |
more than one contract for services at the
same time for |
purposes of avoiding the provisions of this Act.
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(b) Any waiver by the customer of the provisions of this |
Act shall be
void and unenforceable.
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(c) Any contract for physical fitness services which does |
not comply with
the applicable provisions of this Act shall be |
void and unenforceable.
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