| (4) |
| (a) | "Fitness center" means a business enterprise that provides access to a facility:
| (i) | for a charge or a fee; and |
| (ii) | for the development or preservation of physical fitness or well-being, through exercise, weight control, or athletics. |
|
| (b) | "Fitness center" does not include:
| (i) | a licensed physician who operates a facility at which the physician engages in the practice of medicine; |
| (ii) | a hospital, intermediate care facility, or skilled nursing care facility; |
| (iii) | a public or private school, college, or university; |
| (iv) | the state or a political subdivision of the state; |
| (v) | the United States or a political subdivision of the United States; |
| (vi) | a person offering instruction if the person does not:
| (A) | utilize an employee or independent contractor; or |
| (B) | grant a consumer the use of a facility containing exercise equipment; |
|
| (vii) | a business enterprise, the primary operation of which is to teach self-defense or a martial art, including kickboxing, judo, or karate; |
| (viii) | a business enterprise, the primary operation of which is to teach or allow an individual to develop a specific skill rather than develop or preserve physical fitness, including gymnastics, tennis, rock climbing, or a winter sport; |
| (ix) | a business enterprise, the primary operation of which is to teach or allow an individual to practice yoga or Pilates; |
| (x) | a private employer who owns and operates a facility exclusively for the benefit of the employer's employees, retirees, or family members, if the operation of the facility:
| (A) | is only incidental to the overall function and purpose of the employer's business; and |
| (B) | is offered on a nonprofit basis; |
|
| (xi) | an individual providing professional services within the scope of the individual's license with the Division of Professional Licensing; |
| (xiii) | a nonprofit religious, ethnic, or community organization; |
| (xiv) | a residential weight reduction center; |
| (xv) | a business enterprise that only offers virtual services; |
| (xvi) | a business enterprise that only offers a credit for a service that a separate business enterprise offers; |
| (xvii) | the owner of a lodging establishment, as defined in Section 29-2-102, if the owner only provides access to the lodging establishment's facility to:
| (A) | a guest, as defined in Section 29-2-102; or |
| (B) | an operator or employee of the lodging establishment; |
|
| (xviii) | an association, declarant, owner, lessor, or developer of a residential housing complex, planned community, or development, if at least 80% of the individuals accessing the facility reside in the housing complex, planned community, or development; or |
| (xix) | a person offering a personal training service exclusively as an employee or independent contractor of a fitness center. |
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