New Jersey § 56:8-41

§ 56:8-41.

a. A person who sells or offers for sale health club services shall, for each health

club facility operated in the State, maintain a bond issued by a surety authorized

to transact business in this State or maintain an irrevocable letter of credit by

a bank or maintain with the director securities, moneys or other security acceptable

to the director to fulfill the requirements of this subsection. The principal sum of the bond, letter of credit, or securities, moneys or other

security shall be 10% of the health club's gross income for health club services during

the club's last fiscal year, except that the principal sum of the bond, letter of

credit, or securities, moneys or other security shall not be less than $25,000.00,

nor more than $50,000.00. However, the principal sum of the bond, letter of credit, or securities, moneys

or other security shall be $50,000.00 for any period of time that a person sells or

offers for sale health club services prior to the opening of the health club facility. After the health club facility opens, the bond, letter of credit, or securities,

moneys or other security shall be adjusted to the appropriate sum. The bond, letter of credit, or securities, moneys or other security shall be filed

or deposited with the director and shall be executed to the State of New Jersey for

the use of any person who, after entering into a health club services contract, is

damaged or suffers any loss by reason of breach of contract or bankruptcy by the seller. Any person claiming against the bond, letter of credit, or securities, moneys, or

other security may maintain an action at law against the health club and the surety,

bank or director, as the case may be. The aggregate liability of the surety, bank, or the director to all persons for

all breaches of the conditions of the bond, letter of credit, or the securities, moneys

or other security held by the director shall not exceed the amount of the bond, letter

of credit, or the securities, moneys or other security held by the director. In the case of a bond, the health club shall file a copy of the bond with the director

and a certificate by the surety that the surety will notify the director at least

10 days in advance of the date of any cancellation or material change in the bond. b. The provisions of subsection a. of this section shall not be applicable to a person

who sells or offers for sale health club services in which the buyer of the health

club services purchases or becomes obligated to purchase health club services to be

rendered over a period no longer than three months and in which the seller of the

health club services requires or collects no more than three months' payment in advance. The person who sells or offers for sale health club services under contracts provided

for in this subsection shall file with the director, within 30 days following the

effective date of this act and no later than January 15 of every even-numbered year,

a declaration, executed under penalty of perjury, stating he sells or offers for sale

only health club services under contracts which comply with this subsection. Any person who has filed a declaration pursuant to this subsection and who intends

to sell or offer for sale health club services under contracts with longer terms or

greater payments in advance than those provided in this subsection shall comply with

subsection a. of this section.