§ 4-94-102 - Definitions. - Arkansas Statutes

4-94-102. Definitions.

As used in this chapter, unless the context otherwise requires:

(1) "Buyer" means a person who contracts for and purchases services under a health spa services contract;

(2) "Contract for health spa services" means a written agreement whereby a buyer purchases or is obligated to purchase the health spa services or a right to use its facilities;

(3) (A) "Health spa" means and includes any person, firm, corporation, organization, club, or association engaged in the sale of memberships in a program of physical exercise which includes the use of one (1) or more of a sauna, whirlpool, weightlifting room, massage, steam room, or exercising machine or device, or engaged in the sale of the right or privilege to use exercise equipment or facilities, such as a sauna, whirlpool, weightlifting room, massage, steam room, or exercising machine or device.

(B) The term "health spa" shall not include the following:

(i) Bona fide nonprofit organizations, including, but not limited to, the Young Men's Christian Association, Young Women's Christian Association, or similar organizations whose functions as health spas are only incidental to the overall functions and purposes;

(ii) Any organization primarily operated for the purpose of teaching a particular form of martial arts, such as judo or karate;

(iii) Any nonprofit public or private school, college, or university;

(iv) Any country club; or

(v) Weight-loss or weight-control services which do not provide physical exercise facilities and which do not obligate the customer for more than twenty-five (25) months; and

(4) "Seller" means the person, corporation, partnership, association, or group that is engaged in the operation of the health spa, as defined in this section and who offers for sale the right to use health spa facilities or services, now or in the future.