2018 Utah Code
Title 13 - Commerce and Trade
Chapter 23 - Health Spa Services Protection Act
Section 2 - Definitions.

Universal Citation: UT Code § 13-23-2 (2018)
13-23-2. Definitions.
As used in this chapter:
  • (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.
  • (4) "Health spa services" means any service provided by a health spa, including athletic facilities, equipment, and instruction.


Amended by Chapter 47, 2006 General Session
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