13-23-101. Definitions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

As used in this chapter:

(1)"Business enterprise" means a sole proprietorship, partnership, association, joint venture, corporation, limited liability company, or other entity used in carrying on a business.

(2)"Consumer" means a purchaser of fitness center services for consideration.

(3)"Division" means the Division of Consumer Protection established under Section 13-2-102 .

(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;

(xii)a country club;

(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.

(5)"Fitness center facility" means a facility to which a business entity provides access:

(a)for a charge or a fee; and

(b)for the development or preservation of physical fitness or well-being, through exercise or athletics.

(a)"Fitness center service" means instruction, a service, a privilege, or a right that a fitness center offers for sale.

(b)"Fitness center service" includes a personal training service.

(7)"Personal training service" means the personalized instruction, training, supervision, or monitoring of an individual's physical fitness or well-being, through exercise or athletics.

(8)"Primary location" means the fitness center facility that a fitness center designates in a contract for fitness center services as the fitness center facility the consumer in the contract will primarily use for fitness center services.

Renumbered and Amended by Chapter 95 , 2026 General Session