N.Y. General Business Law § 621: Definitions

§ 621. Definitions. 1. "Contract for services." As used in this

article, a contract for services means a contract for consumer services

for instruction, training or assistance in bodybuilding, exercising,

weight reducing, figure development, the martial arts to include, judo,

karate and self-defense, or any similar course of physical training to

be provided for the future use by a consumer of the facilities providing

the foregoing instruction, training or assistance; or for membership in

any group, club, association or organization for any of the above

purposes; except however, that a contract for services shall not mean or

include:

(a) Membership in any group, club, association or organization which

provides any of the foregoing services and which is organized pursuant

to the provisions of the not-for-profit corporation law; or

(b) Boarding accommodations; or

(c) Travel arrangements contracted for less than one year in advance;

or

(d) Contracts which incorporate warranties of services or repair given

in conjunction with appliances or other goods, where the sale of goods

is the primary object of the contract; or

(e) Services by a college or university chartered by the university of

the state of New York, a secondary school, an elementary school, a

nursery school or kindergarten; and

(f) Contracts for services to provide instruction, training or

assistance to acquire a vocation or skill conducted in a training school

or by home study.

(g) Contracts for programs which provide instruction for improving

tennis skills, and are of eight weeks duration or less where the full

fee does not exceed two hundred fifty dollars.

(h) Contracts relating solely to the seasonal use of tennis

facilities.

2. "Health club" as used in this article means any person, firm,

corporation, partnership, unincorporated association, or other business

enterprise offering instruction, training or assistance or the

facilities for the preservation, maintenance, encouragement or

development of physical fitness or well being. Such term shall include

but shall not be limited to health spas, sports, tennis, racquet ball,

platform tennis and health clubs, figure salons, health studios,

gymnasiums, weight control studios, martial arts and self-defense

schools or any other similar course of physical training.

3. "Secretary" as used in this article shall mean the secretary of

state.

4. "Seller" as used in this article means any person, firm,

corporation, partnership, unincorporated association or other business

enterprise which operates or intends to operate a health club.

5. "Buyer" as used in this article means any individual who enters

into a contract for services with a health club.

6. "Cardiopulmonary resuscitation" or "CPR" as used in this article

means measures, as specified in regulations promulgated by the

commissioner of health, to restore function or support ventilation in

the event of a cardiac or respiratory arrest. Cardiopulmonary

resuscitation shall not include measures to improve ventilation and

cardiac functions in the absence of an arrest.

7. "Automated external defibrillator" or "AED" as used in this article

means a medical device approved by the federal food and drug

administration that (a) is capable of recognizing the presence or

absence in a patient of ventricular fibrillation and rapid ventricular

tachycardia; (b) is capable of determining, without intervention by an

operator, whether defibrillation should be performed on the patient; (c)

upon determining that defibrillation should be performed, automatically

charges and requests delivery of an electrical impulse to the patient's

heart; and (d) upon action by an operator, delivers an appropriate

electrical impulse to the patient's heart to perform defibrillation.