HOUSE BILL No. 4515


     April 20, 1999, Introduced by Reps. Switalski, Jacobs, Schermesser, Woodward, Gieleghem, Dennis, Scott, Bovin, Hardman, DeHart, Garcia, Rivet, Bogardus and Brater and referred to the Committee on Regulatory Reform.


        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 this act is void.























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