HOUSE BILL No. 5218


     October 1, 1997, Introduced by Reps. Schroer and Baird and referred to the Committee on Consumer Protection.


        A bill to regulate certain fitness center contracts.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 1.  As used in this act:

 2         (a) "Fitness center" means a facility operated for profit

 3    that provides individuals with on-site programs or equipment for

 4    aerobic or anaerobic training and enhancement of physical

 5    strength.  Fitness center does not include any of the following:

 6         (i) A public or private secondary school, trade school,

 7    vocational school, community college, or university.

 8         (ii) A health or fitness facility or spa located in a resi-

 9    dential complex and used or intended to be used only by residents

10    of that residential complex, or by nonpaying guests of those

11    residents.

12         (iii) A health or fitness facility or spa located in a hotel

13    and used or intended to be used only by guests of that hotel.


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 1         (iv) A facility exclusively used for the practice of

 2    physical therapy as that term is defined in section 17801 of the

 3    public health code, 1978 PA 368, MCL 333.17801.

 4         (b) "Fitness center consumer contract" means a contract

 5    between a fitness center and a consumer for the consumer's use of

 6    fitness center facilities.

 7         (c) "Visit" means a consumer's use of fitness center facili-

 8    ties on a single calendar day.

 9         Sec. 2.  The owner or operator of a fitness center shall not

10    require an individual to enter a fitness center consumer contract

11    unless the first page of the contract conspicuously contains the

12    following provision:

13         "An individual is entitled to revoke this contract within 30

14    days after signing the contract or within 3 visits after signing

15    the contract, whichever is earlier.".

16         Sec. 3.  A fitness center consumer contract that does not

17    comply with act is void.























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