Utah Code 13-23-2. Definitions
Current as of: 2024 | Check for updates
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As used in this chapter:
(1) “Business enterprise” means a sole proprietorship, partnership, association, joint venture, corporation, limited liability company, or other entity used in carrying on a business.
Terms Used In Utah Code 13-23-2
- Business enterprise: means a sole proprietorship, partnership, association, joint venture, corporation, limited liability company, or other entity used in carrying on a business. See Utah Code 13-23-2
- Consumer: means a purchaser of health spa services for consideration. See Utah Code 13-23-2
- Contract: A legal written agreement that becomes binding when signed.
- 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.
- Division: means the Division of Consumer Protection. See Utah Code 13-23-2
- Health spa: means a business enterprise that provides access to a facility:(4)(a)(i) for a charge or a fee; and(4)(a)(ii) for the development or preservation of physical fitness or well-being, through exercise, weight control, or athletics. See Utah Code 13-23-2
- Health spa facility: means a facility to which a business entity provides access:
(5)(a) for a charge or a fee; and(5)(b) for the development or preservation of physical fitness or well-being, through exercise, weight control, or athletics. See Utah Code 13-23-2- 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.
- Personal training service: means the personalized instruction, training, supervision, or monitoring of an individual's physical fitness or well-being, through exercise, weight control, or athletics. See Utah Code 13-23-2
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(2) “Consumer” means a purchaser of health spa services for consideration.(3) “Division” means the Division of Consumer Protection.(4)(4)(a) “Health spa” means a business enterprise that provides access to a facility:(4)(a)(i) for a charge or a fee; and(4)(a)(ii) for the development or preservation of physical fitness or well-being, through exercise, weight control, or athletics.(4)(b) “Health spa” does not include:(4)(b)(i) a licensed physician who operates a facility at which the physician engages in the practice of medicine;(4)(b)(ii) a hospital, intermediate care facility, or skilled nursing care facility;(4)(b)(iii) a public or private school, college, or university;(4)(b)(iv) the state or a political subdivision of the state;(4)(b)(v) the United States or a political subdivision of the United States;(4)(b)(vi) a person offering instruction if the person does not:(4)(b)(vi)(A) utilize an employee or independent contractor; or(4)(b)(vi)(B) grant a consumer the use of a facility containing exercise equipment;(4)(b)(vii) a business enterprise, the primary operation of which is to teach self-defense or a martial art, including kickboxing, judo, or karate;(4)(b)(viii) a business enterprise, the primary operation of which is to teach or allow an individual to develop a specific skill rather than develop or preserve physical fitness, including gymnastics, tennis, rock climbing, or a winter sport;(4)(b)(ix) a business enterprise, the primary operation of which is to teach or allow an individual to practice yoga or Pilates;(4)(b)(x) a private employer who owns and operates a facility exclusively for the benefit of the employer’s employees, retirees, or family members, if the operation of the facility:(4)(b)(x)(A) is only incidental to the overall function and purpose of the employer’s business; and(4)(b)(x)(B) is offered on a nonprofit basis;(4)(b)(xi) an individual providing professional services within the scope of the individual’s license with the Division of Professional Licensing;(4)(b)(xii) a country club;(4)(b)(xiii) a nonprofit religious, ethnic, or community organization;(4)(b)(xiv) a residential weight reduction center;(4)(b)(xv) a business enterprise that only offers virtual services;(4)(b)(xvi) a business enterprise that only offers a credit for a service that a separate business enterprise offers;(4)(b)(xvii) the owner of a lodging establishment, as defined in Section 29-2-102, if the owner only provides access to the lodging establishment’s facility to:(4)(b)(xvii)(A) a guest, as defined in Section 29-2-102; or(4)(b)(xvii)(B) an operator or employee of the lodging establishment;(4)(b)(xviii) an association, declarant, owner, lessor, or developer of a residential housing complex, planned community, or development, if at least 80% of the individuals accessing the facility reside in the housing complex, planned community, or development; or(4)(b)(xix) a person offering a personal training service exclusively as an employee or independent contractor of a health spa.(5) “Health spa facility” means a facility to which a business entity provides access:(5)(a) for a charge or a fee; and(5)(b) for the development or preservation of physical fitness or well-being, through exercise, weight control, or athletics.(6)(6)(a) “Health spa service” means instruction, a service, a privilege, or a right that a health spa offers for sale.(6)(b) “Health spa service” includes a personal training service.(7) “Personal training service” means the personalized instruction, training, supervision, or monitoring of an individual’s physical fitness or well-being, through exercise, weight control, or athletics.(8) “Primary location” means the health spa facility that a health spa designates in a contract for health spa services as the health spa facility the consumer in the contract will primarily use for health spa services. - Health spa facility: means a facility to which a business entity provides access: