Tennessee § 47-18-301 - Part definitions.

§ 47-18-301. Part definitions.

As used in this part, unless the context otherwise requires: “Buyer” means a purchaser under a health club agreement; [Deleted by 2016 amendment.] [Deleted by 2015 amendment.] “Health club” means any enterprise, however styled, which offers on a regular, full-time basis, and pursuant to a health club agreement, services or facilities for the development or preservation of physical fitness through exercise, weight control or athletics; “Health club” does not include the following: Any organization primarily operated for the purpose of teaching a particular form of martial arts such as judo or karate; Weight loss or control services which do not provide physical exercise services, facilities, or equipment; Any nonprofit health club that is exempt from taxation under § 67-6-330(a)(17), or any nonprofit health club operated as part of a licensed nonprofit hospital exempt from taxation under § 67-5-212; or Any enterprise, however styled, primarily operating on a scheduled lesson or hourly basis for the purpose of teaching or enjoying physical skills, physical activities, or sports, such as gymnastics, yoga, dance, aerobics, directed high intensity interval training, or other similar activities even though such activities may involve the use of free weights or exercise machines; “Health club agreement” means an agreement whereby a buyer purchases, or is obligated to purchase, any right to use health club facilities or services; and such services or facilities are for personal, family, employee, or household use; and “Health club agreement” does not include the following: Any agreement for personal training services; or Any agreement for tangible products sold by the health club. “Operator” means any person, firm, corporation, or business entity which operates a health club. Acts 1984, ch. 630, § 1; 1989, ch. 460, §§ 14, 18; 1996, ch. 929, §§ 1, 2; 2001, ch. 126, § 1; 2005, ch. 95, § 1; 2008, ch. 926, § 1; 2015, ch. 339, § 11; 2016, ch. 858, §§ 1, 2. Compiler's Notes. For codification of Acts 1989, ch. 460, see the Session Law Disposition Tables in Volume 13. Amendments. The 2015 amendment deleted (3), which read: “(3) ‘Division’ means the consumer affairs division of the department of commerce and insurance;”. The 2016 amendment deleted (2), which read: “‘Commissioner’ means the commissioner of commerce and insurance;”; and added (4)(B)(iv). Effective Dates. Acts 2015, ch. 339, § 31. July 1, 2015; May 4, 2015, for the purpose of rulemaking. Acts 2016, ch. 858, § 19. July 1, 2016. Law Reviews. The Tennessee Consumer Protection Act: An Overview, 58 Tenn. L. Rev. 455 (1991). Attorney General Opinions. A business that exclusively or primarily offers regular, frequently scheduled, specialized group instructional workout classes pursuant to a health club agreement would meet the statutory definition of a “health club” and would be subject to the Health Club Bond Act. OAG 15-74, 2015 Tenn. AG LEXIS 75 (11/6/2015).