Mississippi § 75-83-1 - Definitions.

§ 75-83-1. Definitions.

“Health spa” means an establishment that provides for profit as one of its primary purposes, services or facilities which purport to improve the user’s physical condition or appearance through weight control, exercise, dieting or a combination of these. The term includes, but is not limited to, establishments referred to by such terms as reducing salon, spa, exercise club, exercise gym, health studio, health club, weight control center or other similar terms. The term “health spa” shall not include the following: 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 the overall functions and purposes; Any organization primarily operated for the purpose of teaching a particular form of self-defense such as judo or karate; Any nonprofit public or private school, college or university; or Any organization, business, establishment or person which does not offer a contract with a duration in excess of four (4) months. “Contract” means a written agreement by which one becomes a member of a health spa. “Member” means a status obtained by any person entitling him to the services or facilities of a health spa. “Seller” means the person, corporation, partnership, association or group engaged in the operation as defined in this section, and who offers for sale the right to use the facilities or the services of the health spa. “Facilities” means equipment, physical structures and other tangible property utilized by a health spa to conduct its business. The term includes, but is not limited to, saunas, whirlpool baths, gymnasiums, running tracks, swimming pools, shower areas and exercise equipment. “Services” means programs, plans, guidance or structures provided by health spas for health spa members. The term includes, but is not limited to, diet planning, exercise instruction, exercise programs and the structure of classes. “Prepayment” means any payment for services or the use of facilities made before the services or facilities are made available by the health spa. It is not a prepayment if a payment for services or the use of facilities is made on the same day the services or use of the facility is provided. Money or other consideration received by a health spa from a financial institution upon assignment or sale of a contract should be considered a prepayment to the extent the member is required to make prepayments to the finance institution pursuant to the contract.