Illinois General Assembly - Full Text of Public Act 094-0687
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Public Act 094-0687


 

Public Act 0687 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0687
 
HB2525 Enrolled LRB094 08711 RXD 38923 b

    AN ACT concerning business.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Physical Fitness Services Act is amended by
changing Sections 2, 8, and 9 as follows:
 
    (815 ILCS 645/2)  (from Ch. 29, par. 52)
    Sec. 2. Definitions. (a) "Physical fitness center" or
"center" means any person or business entity offering physical
fitness services to the public.
    (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
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
centers, and use of specialized physical fitness equipment or
facilities such as rock climbing walls or aquatic facilities.
    (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.
(Source: P.A. 84-850.)
 
    (815 ILCS 645/8)  (from Ch. 29, par. 58)
    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
(2) group memberships, membership, other than family
membership, where the purchaser is a corporation or other
business entity or any social, fraternal or charitable
organization not created for the purpose of encouraging this
contractual arrangement.
    (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.
    (c) (b) No contract for physical fitness services shall
require payments or financing over a period in excess of 3
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.
    (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.
(Source: P.A. 84-1463.)
 
    (815 ILCS 645/9)  (from Ch. 29, par. 59)
    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.
    (b) Any waiver by the customer of the provisions of this
Act shall be void and unenforceable.
    (c) Any contract for physical fitness services which does
not comply with the applicable provisions of this Act shall be
void and unenforceable.
    (d) If any court finds, as a matter of law, that a contract
or any provision thereof was unconscionable when made, the
court may refuse to enforce the contract, enforce the remainder
of the contract without the unconscionable provision, or limit
the application of any unconscionable provision to avoid an
unconscionable result.
(Source: P.A. 84-850.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 11/3/2005