Sec. 142-13-2 - Definitions

ยง 142-13-2. Definitions

2.1. "Business day" means all days except legal federal or state holidays and Sundays.

2.2. "Contract" means an oral or written agreement by which one becomes a member of a health spa.

2.3. "Department" means the office of the attorney general of West Virginia.

2.4. "Facilities" means equipment, physical structures, improvements to leasehold premises, and other tangible property, real, personal, or mixed, used by a health spa at each location to conduct its business including, but not limited to, saunas, whirlpool baths, gymnasiums, running tracks, swimming pools, shower areas, racquetball courts, martial arts equipment, and exercise equipment.

2.5. "Health spa" means a business primarily involved in the sale of memberships that provides the members instruction in the program of physical exercise or provides the members use of the facilities of the health spa for a program of physical exercise regardless of whether or not the business has wet areas, such as a pool, whirlpool, or steam room. The term does not include an organization that is tax exempt under 26 U.S.C. '501 et seq., or a private club owned and operated by its members.

2.6. "Market location" means the area within a ten mile radius of the health spa.

2.7. "Member" means a natural person entitled to the benefits of membership in a health spa.

2.8. "Membership" means the status under a contract between an individual and a health spa that entitles the individual to the use of services of facilities of the health spa.

2.9. "Person" means an individual, corporation, association, organization, partnership, business trust, trust, estate, and any other legal entity.

2.10. "Purchaser" means a person who purchases a health spa membership.

2.11. "Seller" means a person who owns or operates a health spa or who offers for sale the right to use the facilities or the services of the health spa.

2.12. "Services" means programs, plans, guidance, or instruction that a health spa provides for its members, including diet planning, exercise instruction, exercise programs, and instructional classes.

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