(1) "Consumer" means a purchaser of health spa services for valuable consideration.

(2) "Division" means the Division of Consumer Protection.

(3) (a) "Health spa" means any person, partnership, joint venture, corporation, association, or other entity that, for a charge or fee, provides as one of its primary purposes services or facilities that are purported to assist patrons to improve their physical condition or appearance through: (i) aerobic conditioning; (ii) strength training; (iii) fitness training; or (iv) other exercise. (b) "Health spa" includes any establishment designated: (i) as a "health spa"; (ii) as a "spa"; (iii) as an "exercise gym"; (iv) as a "health studio"; (v) as a "health club"; (vi) as a "personal training facility"; or (vii) with any other similar terms. (c) "Health spa" does not include: (i) any facility operated by a licensed physician at which the physician engages in the practice of medicine; (ii) any facility operated by a hospital, intermediate care facility, or skilled nursing care facility; (iii) any public or private school, college, or university; (iv) any facility owned or operated by the state or its political subdivisions; (v) any facility owned or operated by the United States or its political subdivisions; or (vi) instruction offered by an individual if: (A) the individual offering the instruction does not utilize another individual as an employee or independent contractor; and (B) a patron is not granted the use of a facility containing exercise equipment.

(a) "Health spa" means any person, partnership, joint venture, corporation, association, or other entity that, for a charge or fee, provides as one of its primary purposes services or facilities that are purported to assist patrons to improve their physical condition or appearance through: (i) aerobic conditioning; (ii) strength training; (iii) fitness training; or (iv) other exercise.

(i) aerobic conditioning;

(ii) strength training;

(iii) fitness training; or

(iv) other exercise.

(b) "Health spa" includes any establishment designated: (i) as a "health spa"; (ii) as a "spa"; (iii) as an "exercise gym"; (iv) as a "health studio"; (v) as a "health club"; (vi) as a "personal training facility"; or (vii) with any other similar terms.

(i) as a "health spa";

(ii) as a "spa";

(iii) as an "exercise gym";

(iv) as a "health studio";

(v) as a "health club";

(vi) as a "personal training facility"; or

(vii) with any other similar terms.

(c) "Health spa" does not include: (i) any facility operated by a licensed physician at which the physician engages in the practice of medicine; (ii) any facility operated by a hospital, intermediate care facility, or skilled nursing care facility; (iii) any public or private school, college, or university; (iv) any facility owned or operated by the state or its political subdivisions; (v) any facility owned or operated by the United States or its political subdivisions; or (vi) instruction offered by an individual if: (A) the individual offering the instruction does not utilize another individual as an employee or independent contractor; and (B) a patron is not granted the use of a facility containing exercise equipment.

(i) any facility operated by a licensed physician at which the physician engages in the practice of medicine;

(ii) any facility operated by a hospital, intermediate care facility, or skilled nursing care facility;

(iii) any public or private school, college, or university;

(iv) any facility owned or operated by the state or its political subdivisions;

(v) any facility owned or operated by the United States or its political subdivisions; or

(vi) instruction offered by an individual if: (A) the individual offering the instruction does not utilize another individual as an employee or independent contractor; and (B) a patron is not granted the use of a facility containing exercise equipment.

(A) the individual offering the instruction does not utilize another individual as an employee or independent contractor; and

(B) a patron is not granted the use of a facility containing exercise equipment.

(4) "Health spa services" means any service provided by a health spa, including athletic facilities, equipment, and instruction.