Oklahoma § 59-2001 - Definitions

§ 59-2001. Definitions

As used in the Oklahoma Health Spa Act:

1. "Administrator" means the Administrator of Consumer Credit

as defined in Section 6-501 of Title 14A of the Oklahoma Statutes;

2. "Business day" means any day except a Sunday or a legal

holiday;

3. "Buyer/Member" means a natural person who enters into a

health spa contract or membership;

4. "Membership agreement" means any agreement between a member

and a health spa for use of health spa services;

5. "Health spa" means and includes any person, firm,

corporation, organization, club or association engaged in a program

of physical exercise, which includes the use of one or more of a

sauna, whirlpool, weight-lifting room, massage, steam room, or

exercising machine or device, or exercise rooms, or engaged in the

sale of the right or privilege to use exercise equipment or

facilities, such as a sauna, whirlpool, weight-lifting room,

massage, steam room or exercising machine or device or exercise

rooms. 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

Oklahoma Statutes - Title 59. Professions and Occupations

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 solely 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 this state or any of

its political subdivisions,

f.

any nonprofit public or private school, college or

university,

g.

any facility operated solely for aerobics or toning,

and

h.

any facility that only offers month-to-month

memberships and does not charge any application,

process, cancellation, or other service fees;

6. "Health spa services" means and includes services,

privileges, or rights offered for sale or provided by a health spa;

7. "Initiation fee" means a nonrecurring fee charged at or near

the beginning of a health spa membership;

8. "Monthly fee" means the total consideration, including but

not limited to, equipment or locker rental, credit check, finance,

medical and dietary evaluation, class and training fees, and all

other similar fees or charges and interest, but excluding any

initiation fee, to be paid by a buyer, divided by the total number

of months of health spa service use allowed by the buyer's contract

or membership, including months or time periods called "free" or

"bonus" months or time periods and such months or time periods which

are described in any other terms suggesting that they are provided

free of charge, which months or time periods are given or

contemplated when the contract or membership is initially executed;

9. "Prepayment" means any amount paid in advance of the

maturity of the health spa membership, to include payment in part or

in full, accelerated monthly fees or any required down payment or

initiation fee;

10. "Program" means any use of a health spa facility for the

purpose of physical exercise in a structured or nonstructured

environment; and

11. "Presale" means payment of any consideration for services

or the use of facilities made prior to the day on which the services

or facilities of the health spa are fully open and available for

regular use by the members.

Added by Laws 1987, c. 217, § 3, eff. Nov. 1, 1987. Amended by Laws

1988, c. 215, § 3, eff. Nov. 1, 1988. Renumbered from Title 15, §

775.1 by Laws 1988, c. 215, § 12, eff. Nov. 1, 1988. Amended by

Laws 1991, c. 96, § 1, eff. Sept. 1, 1991; Laws 2013, c. 94, § 1,

eff. Nov. 1, 2013.

Oklahoma Statutes - Title 59. Professions and Occupations