New Hampshire Revised Statutes 358-S:1 – Definitions
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As used in this chapter:
I. “Contract” means a month-to-month contract, monthly contract, or a term contract:
(a) “Month-to-month contract” means any contract for a new prospective student to pay membership fees on a monthly basis.
(b) “Monthly contract” means any contract where services are paid pro rata on a monthly basis for a predetermined period of time in excess of one month. No monthly contract shall be considered a “term contract.”
(c) “Term contract” means any contract where services are paid for in whole and in advance for a period of time greater than one month.
II. “Facilities” means equipment, physical structures, and other tangible property utilized by a martial arts school to conduct its business.
III. “Initiation fee” means any sum of money received at the initiation of a membership for the incurred costs, including advertising, administration, commissions, and orientation.
IV. “Martial arts school” means any establishment primarily operated for the purpose of teaching a form or forms of self-defense, such as judo or karate. As used in this chapter, the term “martial arts school” shall not include, and this chapter shall not apply to, services rendered by:
(a) The state or any of its political subdivisions.
(b) Any nonprofit religious, ethnic, community, or service organization.
(c) Any establishment that does not have as one of its primary purposes or businesses the provision of martial arts school services or facilities.
V. “Member,” “buyer,” or “student” means a natural person who enters into a martial arts school contract or attains a status entitling him or her to the services or facilities of a martial arts school.
VI. “Prepayment” means any payment for services or the use of facilities made before the services or facilities are made available by the martial arts school. It is not a prepayment if a payment for services or the use of facilities is made on the same day the services or use of the facilities is provided. Money or other consideration received by a martial arts school from a financial institution upon the assignment or sale of a contract shall be considered a prepayment to the extent the member is required to make prepayments to the financial institution pursuant to the contract.
VII. “Seller” means the person, corporation, partnership, association, or other entity engaged in the operation of a martial arts school as defined in this section, and who offers for sale martial arts instruction at the martial arts school.
VIII. “Services” means programs, plans, guidance, or instruction provided by a martial arts school for martial arts school members.
IX. “Special offer or discount” means any offer of the marital arts school at a reduced price or without charge to the member or prospective member.
I. “Contract” means a month-to-month contract, monthly contract, or a term contract:
Terms Used In New Hampshire Revised Statutes 358-S:1
- Contract: A legal written agreement that becomes binding when signed.
- Contract: means a month-to-month contract, monthly contract, or a term contract:
(a) "Month-to-month contract" means any contract for a new prospective student to pay membership fees on a monthly basis. See New Hampshire Revised Statutes 358-S:1 - Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Facilities: means equipment, physical structures, and other tangible property utilized by a martial arts school to conduct its business. See New Hampshire Revised Statutes 358-S:1
- Martial arts school: means any establishment primarily operated for the purpose of teaching a form or forms of self-defense, such as judo or karate. See New Hampshire Revised Statutes 358-S:1
- Member: "buyer" or "student" means a natural person who enters into a martial arts school contract or attains a status entitling him or her to the services or facilities of a martial arts school. See New Hampshire Revised Statutes 358-S:1
- month: shall mean a calendar month, and the word "year" a calendar year, unless otherwise expressed; and the word "year" shall be equivalent to the expression "year of our Lord. See New Hampshire Revised Statutes 21:8
- Monthly contract: means any contract where services are paid pro rata on a monthly basis for a predetermined period of time in excess of one month. See New Hampshire Revised Statutes 358-S:1
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Prepayment: means any payment for services or the use of facilities made before the services or facilities are made available by the martial arts school. See New Hampshire Revised Statutes 358-S:1
- Services: means programs, plans, guidance, or instruction provided by a martial arts school for martial arts school members. See New Hampshire Revised Statutes 358-S:1
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- student: means a natural person who enters into a martial arts school contract or attains a status entitling him or her to the services or facilities of a martial arts school. See New Hampshire Revised Statutes 358-S:1
- Term contract: means any contract where services are paid for in whole and in advance for a period of time greater than one month. See New Hampshire Revised Statutes 358-S:1
(a) “Month-to-month contract” means any contract for a new prospective student to pay membership fees on a monthly basis.
(b) “Monthly contract” means any contract where services are paid pro rata on a monthly basis for a predetermined period of time in excess of one month. No monthly contract shall be considered a “term contract.”
(c) “Term contract” means any contract where services are paid for in whole and in advance for a period of time greater than one month.
II. “Facilities” means equipment, physical structures, and other tangible property utilized by a martial arts school to conduct its business.
III. “Initiation fee” means any sum of money received at the initiation of a membership for the incurred costs, including advertising, administration, commissions, and orientation.
IV. “Martial arts school” means any establishment primarily operated for the purpose of teaching a form or forms of self-defense, such as judo or karate. As used in this chapter, the term “martial arts school” shall not include, and this chapter shall not apply to, services rendered by:
(a) The state or any of its political subdivisions.
(b) Any nonprofit religious, ethnic, community, or service organization.
(c) Any establishment that does not have as one of its primary purposes or businesses the provision of martial arts school services or facilities.
V. “Member,” “buyer,” or “student” means a natural person who enters into a martial arts school contract or attains a status entitling him or her to the services or facilities of a martial arts school.
VI. “Prepayment” means any payment for services or the use of facilities made before the services or facilities are made available by the martial arts school. It is not a prepayment if a payment for services or the use of facilities is made on the same day the services or use of the facilities is provided. Money or other consideration received by a martial arts school from a financial institution upon the assignment or sale of a contract shall be considered a prepayment to the extent the member is required to make prepayments to the financial institution pursuant to the contract.
VII. “Seller” means the person, corporation, partnership, association, or other entity engaged in the operation of a martial arts school as defined in this section, and who offers for sale martial arts instruction at the martial arts school.
VIII. “Services” means programs, plans, guidance, or instruction provided by a martial arts school for martial arts school members.
IX. “Special offer or discount” means any offer of the marital arts school at a reduced price or without charge to the member or prospective member.