New York § 621 - 621Definitions

§ 621. 621Definitions

§ 621. Definitions. 1. "Contract for services." As used in this article, a contract for services means a contract for consumer services for instruction, training or assistance in bodybuilding, exercising, weight reducing, figure development, the martial arts to include, judo, karate and self-defense, or any similar course of physical training to be provided for the future use by a consumer of the facilities providing the foregoing instruction, training or assistance; or for membership in any group, club, association or organization for any of the above purposes; except however, that a contract for services shall not mean or include: (a) Membership in any group, club, association or organization which provides any of the foregoing services and which is organized pursuant to the provisions of the not-for-profit corporation law; or (b) Boarding accommodations; or (c) Travel arrangements contracted for less than one year in advance; or (d) Contracts which incorporate warranties of services or repair given in conjunction with appliances or other goods, where the sale of goods is the primary object of the contract; or (e) Services by a college or university chartered by the university of the state of New York, a secondary school, an elementary school, a nursery school or kindergarten; and (f) Contracts for services to provide instruction, training or assistance to acquire a vocation or skill conducted in a training school or by home study. (g) Contracts for programs which provide instruction for improving tennis skills, and are of eight weeks duration or less where the full fee does not exceed two hundred fifty dollars. (h) Contracts relating solely to the seasonal use of tennis facilities. 2. "Health club" as used in this article means any person, firm, corporation, partnership, unincorporated association, or other business enterprise offering instruction, training or assistance or the facilities for the preservation, maintenance, encouragement or development of physical fitness or well being. Such term shall include but shall not be limited to health spas, sports, tennis, racquet ball, platform tennis and health clubs, figure salons, health studios, gymnasiums, weight control studios, martial arts and self-defense schools or any other similar course of physical training. 3. "Secretary" as used in this article shall mean the secretary of state. 4. "Seller" as used in this article means any person, firm, corporation, partnership, unincorporated association or other business enterprise which operates or intends to operate a health club. 5. "Buyer" as used in this article means any individual who enters into a contract for services with a health club. 6. "Cardiopulmonary resuscitation" or "CPR" as used in this article means measures, as specified in regulations promulgated by the commissioner of health, to restore function or support ventilation in the event of a cardiac or respiratory arrest. Cardiopulmonary resuscitation shall not include measures to improve ventilation and cardiac functions in the absence of an arrest. 7. "Automated external defibrillator" or "AED" as used in this article means a medical device approved by the federal food and drug administration that (a) is capable of recognizing the presence or absence in a patient of ventricular fibrillation and rapid ventricular tachycardia; (b) is capable of determining, without intervention by an operator, whether defibrillation should be performed on the patient; (c) upon determining that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to the patient's heart; and (d) upon action by an operator, delivers an appropriate electrical impulse to the patient's heart to perform defibrillation.