§ 13-23-101. Definitions.

As used in this chapter: (1) "Business enterprise" means a sole proprietorship, partnership, association, joint venture, corporation, limited liability company, or other entity used in carrying on a business. (2) "Consumer" means a purchaser of fitness center services for consideration. (3) "Division" means the Division of Consumer Protection established under Section 13-2-102. (4) (a) "Fitness center" means a business enterprise that provides access to a facility: (i) for a charge or a fee; and (ii) for the development or preservation of physical fitness or well-being, through exercise, weight control, or athletics. (b) "Fitness center" does not include: (i) a licensed physician who operates a facility at which the physician engages in the practice of medicine; (ii) a hospital, intermediate care facility, or skilled nursing care facility; (iii) a public or private school, college, or university; (iv) the state or a political subdivision of the state; (v) the United States or a political subdivision of the United States; (vi) a person offering instruction if the person does not: (A) utilize an employee or independent contractor; or (B) grant a consumer the use of a facility containing exercise equipment; (vii) a business enterprise, the primary operation of which is to teach self-defense or a martial art, including kickboxing, judo, or karate; (viii) a business enterprise, the primary operation of which is to teach or allow an individual to develop a specific skill rather than develop or preserve physical fitness, including gymnastics, tennis, rock climbing, or a winter sport; (ix) a business enterprise, the primary operation of which is to teach or allow an individual to practice yoga or Pilates; (x) a private employer who owns and operates a facility exclusively for the benefit of the employer's employees, retirees, or family members, if the operation of the facility: (A) is only incidental to the overall function and purpose of the employer's business; and (B) is offered on a nonprofit basis; (xi) an individual providing professional services within the scope of the individual's license with the Division of Professional Licensing; (xii) a country club; (xiii) a nonprofit religious, ethnic, or community organization; (xiv) a residential weight reduction center; (xv) a business enterprise that only offers virtual services; (xvi) a business enterprise that only offers a credit for a service that a separate business enterprise offers; (xvii) the owner of a lodging establishment, as defined in Section 29-2-102, if the owner only provides access to the lodging establishment's facility to: (A) a guest, as defined in Section 29-2-102; or (B) an operator or employee of the lodging establishment; (xviii) an association, declarant, owner, lessor, or developer of a residential housing complex, planned community, or development, if at least 80% of the individuals accessing the facility reside in the housing complex, planned community, or development; or (xix) a person offering a personal training service exclusively as an employee or independent contractor of a fitness center. (5) "Fitness center facility" means a facility to which a business entity provides access: (a) for a charge or a fee; and (b) for the development or preservation of physical fitness or well-being, through exercise or athletics. (6) (a) "Fitness center service" means instruction, a service, a privilege, or a right that a fitness center offers for sale. (b) "Fitness center service" includes a personal training service. (7) "Personal training service" means the personalized instruction, training, supervision, or monitoring of an individual's physical fitness or well-being, through exercise or athletics. (8) "Primary location" means the fitness center facility that a fitness center designates in a contract for fitness center services as the fitness center facility the consumer in the contract will primarily use for fitness center services.