Delaware § 4202 - Definitions.

§ 4202. Definitions.

As used in this chapter:

(1) “Business day” means any day except a Sunday or legal holiday.

(2) “Buyer” means a natural person who enters into a health spa contract.

(3) “Contract price” means the sum of the initiation fee, if any, and all fees except interest required by the health spa contract.

(4) “Director” means the Director of the Division of Consumer Protection, or a member of the Director’s staff to whom the Director may delegate duties under this chapter.

(5) “Health spa” includes any person, firm, corporation, organization, club or association engaged in the sale of memberships in a program of physical exercise, physical fitness, weight control or figure reduction, which offers the use of 1 or more of the following: a whirlpool, weight lifting room, steam room, exercising room or exercising or weight loss device. The term “health spa” shall not include the following:

a. Bona fide nonprofit organizations, including, but not limited to, the Young Men’s Christian Association, Young Women’s Christian Association or similar organizations whose functions as health spas are only incidental to their overall functions and purposes;

b. Any private club owned and operated by its members;

c. Any organization primarily operated for the purpose of teaching a particular form of self-defense such as judo or karate;

d. Any facility owned or operated by the United States;

e. Any facility owned or operated by the State or any of its political subdivisions; and

f. Any nonprofit public or private school, college or university.

(6) “Health spa contract” means a written agreement whereby the buyer of health spa services purchases or becomes obligated to purchase health spa services to be rendered over a period longer than 3 months, and the seller of health spa services receives payment to cover a period more than 3 months.

(7) “Health spa services” means and includes services, privileges or rights offered for sale or provided by a health spa.

(8) “Initiation fee” means a nonrecurring fee charged at or near the beginning of a health spa membership, and includes all fees or charges not a part of the monthly fee.

(9) “Pre-opening contract” means a health spa contract for services or the use of facilities made prior to the day on which the service or facilities of the health spa are fully open and available for regular use by the members.

66 Del. Laws, c. 395, §  1;  69 Del. Laws, c. 291, §  98(c);  70 Del. Laws, c. 186, §  1;