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SB2072 Engrossed LRB094 10585 RXD 40893 b AN ACT concerning business.
SB2072 Enrolled LRB094 10585 RXD 40893 b AN ACT concerning business.
The Physical Fitness Services Act is amended by changing Sections 2, 8, and 9 as follows:
If and only if the provisions of House Bill 2525 of the 94th General Assembly changing Sections 2 and 8 of the Physical Fitness Services Act become law, the Physical Fitness Services Act is amended by changing Sections 2 and 8 as follows:
(d) "Optional physical services" means additional goods or physical fitness services offered by the physical fitness center which are not part of the membership package or contract but are available for additional cost and includes, but are not limited to, personal training services, physical fitness, wellness or exercise classes, nutritional counseling, weight reduction, court time, privileges to use other physical fitness SB2072 Engrossed - 2 - LRB094 10585 RXD 40893 b centers, and use of specialized physical fitness equipment or facilities such as rock climbing walls or aquatic facilities.
(d) "Optional physical fitness services" means additional goods or physical fitness services offered by the physical fitness center which are not part of the membership package or contract but are available for additional cost and includes, SB2072 Enrolled - 2 - LRB094 10585 RXD 40893 b but are not limited to, personal training services, physical fitness, wellness or exercise classes, nutritional counseling, weight reduction, court time, privileges to use other physical fitness centers, and use of specialized physical fitness equipment or facilities such as rock climbing walls or aquatic facilities.
84-850.) (815 ILCS 645/8) (from Ch.
84-850;
94HB2525enr.) (815 ILCS 645/8) (from Ch.
(a) No contract for physical fitness services shall require payment of a total amount in excess of $2500 per year, and every such contract must so provide in writing;
(a) No contract for basic physical fitness services shall require payment of a total amount in excess of $2500 per year, and every such contract must so provide in writing;
(1) family or couple memberships, or (2) group memberships, membership, other than family membership, where the purchaser is a corporation or other business entity or any social, fraternal or charitable organization not created for the purpose of encouraging this contractual arrangement.
(1) family or couple memberships, or (2) group memberships, where the purchaser is a corporation or other business entity or any social, fraternal or charitable organization not created for the purpose of encouraging this contractual arrangement.
(b) No contract for family or couple memberships for basic physical fitness services shall require payment in excess of $2000 per year per person for the first 2 people covered under the membership and $1000 per year per person for each additional person covered under the membership.
(b) No contract for family or couple memberships for basic physical fitness services shall require payment in excess of SB2072 Enrolled - 3 - LRB094 10585 RXD 40893 b $2,500 per year per person covered under the membership.
SB2072 Engrossed - 3 - LRB094 10585 RXD 40893 b (c) (b) No contract for physical fitness services shall require payments or financing over a period in excess of 3 years from the date the contract is entered into, nor shall the term of any such contract be measured by the life of the customer.
(c) No contract for physical fitness services shall require payments or financing over a period in excess of 3 years from the date the contract is entered into, nor shall the term of any such contract be measured by the life of the customer.
(d) (c) No contract for physical fitness services shall require or entail the execution of any note by the customer which, when separately negotiated, will cut off as to third parties any right of action or defense which the customer may have against the physical fitness center.
(d) No contract for physical fitness services shall require or entail the execution of any note by the customer which, when separately negotiated, will cut off as to third parties any right of action or defense which the customer may have against the physical fitness center.
84-1463.) (815 ILCS 645/9) (from Ch.
84-1463;
29, par.
94HB2525enr.)
59) Sec.
9.
General provisions.
(a) All contracts for basic physical fitness services which may be in effect between the same center and the same customer, the terms of which overlap for any period, shall be considered as one contract for the purposes of this Act.
No physical fitness center may sell, induce, or permit any purchaser of basic physical fitness services to become obligated directly or contingently under more than one contract for services at the same time for purposes of avoiding the provisions of this Act.
(b) Any waiver by the customer of the provisions of this Act shall be void and unenforceable.
(c) Any contract for physical fitness services which does SB2072 Engrossed - 4 - LRB094 10585 RXD 40893 b not comply with the applicable provisions of this Act shall be void and unenforceable.
(d) If any court finds, as a matter of law, that a contract or any provision thereof was unconscionable when made, the court may refuse to enforce the contract, enforce the remainder of the contract without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result.
(Source:
P.A.
84-850.)
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