{"data":{"id":"us-co/c.r.s.-6-1-102","jurisdiction":"us-co","citation":"C.R.S. § 6-1-102","heading":"Definitions.","body":"As used in this article 1, unless the context otherwise requires:\n\n(1) \"Advertisement\" means an attempt by publication, dissemination, solicitation, or circulation, whether visual, oral, or written, to induce directly or indirectly a person to enter into a transaction or acquire a title or an interest in property.\n\n(2) (a) \"Article\" means a product.\n\n(b) \"Article\" does not mean a trademark, label, or distinctive dress in packaging.\n\n(3) \"Business day\" means any calendar day except Sunday, New Year's day, the third Monday in January observed as the birthday of Dr. Martin Luther King, Jr., Presidents' day, Memorial day, Juneteenth, Independence day, Labor day, Frances Xavier Cabrini day, Veterans' day, Thanksgiving, and Christmas.\n\n(4) \"Buyers' club\" means a person engaged in advertising or selling memberships that provide an exclusive right to members to purchase goods, food, services, or property at purported discount prices.\n\n(5) \"Certification mark\" means a mark that is used in connection with the goods or services of a person other than the certifier in order to indicate:\n\n(a) Geographic origin, material, mode of manufacture, quality, accuracy, or other characteristics of the goods or services; or\n\n(b) That the work or labor on the goods or services was performed by members of a union or other organization.\n\n(6) \"Collective mark\" means a mark used by members of a cooperative, association, or other collective group or organization to identify goods or services and distinguish them from the goods or services of others or to indicate membership in the collective group or organization.\n\n(7) \"Dance studio\" means a person engaged in the advertisement or sale of dance studio services.\n\n(8) \"Dance studio services\" means instruction, training, or assistance in dancing; the use of dance studio facilities; membership in any group, club, or association formed by a dance studio; and participation in dance competitions, dance showcases, trips, tours, parties, and other organized events and related travel arrangements.\n\n(9) (a) \"Discount health plan\" means a program evidenced by a membership agreement, contract, card, certificate, device, or mechanism, which program offers health-care services, as defined in section 10-16-102 (33), or related products, including prescription drugs and medical equipment, at purported discounted rates from health-care providers advertised as participating in the program.\n\n(b) \"Discount health plan\" does not include a program in which:\n\n(I) A participating provider has agreed, as a condition of the participating provider's participation in the program, to negotiate the prices to be charged for the participating provider's services directly with consumers in the program; and\n\n(II) The participating provider is not required to offer discounted prices for the participating provider's services as part of the program.\n\n(10) \"Elderly person\" means a person sixty years old or older.\n\n(11) \"Food\" means any raw, cooked, or processed edible substance, beverage, or ingredient used or intended for use or for sale in whole or part for human consumption.\n\n(12) (a) \"Health club\" means an establishment that provides health club services or health club facilities that purport to improve or maintain a user's physical condition or appearance through exercise.\n\n(b) \"Health club\" includes a spa, an exercise club, an exercise gym, a health studio, and a playing court.\n\n(c) \"Health club\" does not include:\n\n(I) An establishment operated by a nonprofit organization or public or private school, college, or university;\n\n(II) An establishment operated by the federal government, the state of Colorado, or any of the state's political subdivisions;\n\n(III) An establishment that does not provide health club services or health club facilities as its primary purpose or business; or\n\n(IV) A health-care facility licensed or certified by the department of public health and environment pursuant to its authority under section 25-1.5-103.\n\n(13) \"Health club facilities\" means equipment, physical structures, and other tangible property used by a health club to conduct its business. \"Health club facilities\" includes saunas, whirlpool baths, gymnasiums, running tracks, playing courts, swimming pools, shower areas, and exercise equipment.\n\n(14) \"Health club services\" means services, privileges, or rights offered for sale or provided by a health club.\n\n(15) \"Manufactured home\" has the meaning set forth in section 42-1-102 (48.8).\n\n(16) \"Mark\" means a word, name, symbol, device, or any combination thereof in any form or arrangement.\n\n(17) \"Motor vehicle\" has the meaning set forth in section 44-20-102.\n\n(18) \"Person\" means an individual, a corporation, a business trust, an estate, a trust, a partnership, an unincorporated association, or two or more thereof having a joint or common interest or any other legal or commercial entity.\n\n(19) \"Promoting a pyramid promotional scheme\" means inducing or attempting to induce one or more persons to become participants in, or assisting another person to promote, a pyramid promotional scheme by means of references or otherwise.\n\n(20) \"Property\" means:\n\n(a) Real or personal property;\n\n(b) Both real and personal property;\n\n(c) Intangible property; and\n\n(d) Services.\n\n(21) (a) \"Pyramid promotional scheme\" means any program using a pyramid or chain process by which a participant in the program gives a valuable consideration in excess of fifty dollars for the opportunity or right to receive compensation or other things of value in return for inducing other persons to become participants for the purpose of gaining new participants in the program.\n\n(b) \"Pyramid promotional scheme\" does not include ordinary sales of goods or services to persons that are not purchasing in order to participate in a scheme described in subsection (21)(a) of this section.\n\n(22) \"Resale time share\" means a time share, including all or substantially all ownership, rights, or interests associated with the time share:\n\n(a) That has been acquired previously for personal, family, or household use; and\n\n(b) (I) That is owned by a Colorado resident; or\n\n(II) The accommodations and other facilities of which are available for use through the time share and are primarily located in Colorado.\n\n(23) \"Sale\" means a sale, an offer for sale, or an attempt to sell a product, good, or property for consideration.\n\n(24) \"Service mark\" means a mark used by a person to identify services and distinguish them from the services of others.\n\n(25) \"Time share\" means a time share estate, as defined in section 38-33-110 (5), a time share use, as defined in section 12-10-501 (4), or any campground or recreational membership that does not constitute the transfer of an interest in real property.\n\n(26) (a) \"Time share resale entity\" means a person that, either directly or indirectly, engages in a time share resale service.\n\n(b) \"Time share resale entity\" does not include:\n\n(I) The developer, association of time share owners, or other person responsible for managing or operating the plan or arrangement by which the rights or interests associated with a resale time share are utilized, but only to the extent the resale time share is part of an existing plan or arrangement managed by that developer, association, or person;\n\n(II) An attorney, a title agent, a title company, or an escrow company that provides closing, settlement, or other transaction services, so long as the services are provided in the normal course of business in supporting a conveyance of title or in issuing title insurance products in a time share resale transaction. To the extent the attorney, title agent, title company, or escrow company is engaged in providing services or products that are outside the normal course of business in supporting a conveyance of title or in issuing title insurance products or has an affiliated business arrangement with a party to a time share resale transaction, this exemption does not apply.\n\n(III) A real estate broker operating within the scope of activities specified in section 12-10-201 (6) with respect to a time share resale transaction so long as the real estate broker does not collect a fee in advance. To the extent a real estate broker is engaged in activities outside the scope of activities specified in section 12-10-201 (6), collects an advance fee, or has an affiliated business arrangement with a party to a time share resale transaction, this exemption does not apply.\n\n(27) \"Time share resale service\" means any of the following activities, engaged in directly or indirectly and for consideration, regardless of whether performed in person, by mail, by telephone, or by any other mode of internet or electronic communication, unless performed by a person that, pursuant to subsection (26)(b) of this section, is exempted:\n\n(a) The sale, rental, listing, or advertising of, or an offer to sell, rent, list, or advertise, any resale time share;\n\n(b) The purchase or offer to purchase any resale time share;\n\n(c) The transfer or offer to assist in the transfer of any resale time share; or\n\n(d) The invalidation of, or an offer to invalidate, the purchase or ownership of any resale time share or the purchase of any time share resale service.\n\n(28) (a) \"Time share resale transfer agreement\" means a contract between a time share resale entity and the owner of a resale time share in which the time share resale entity agrees to transfer, or offers to assist in the transfer of, all or substantially all of the rights or interests in a resale time share on behalf of the owner of the resale time share.\n\n(b) (I) \"Time share resale transfer agreement\" does not include a contract to sell, rent, list, advertise, purchase, or transfer a resale time share if the owner of the resale time share:\n\n(A) Upon entering the contract, reasonably expects to receive consideration in exchange for the resale time share; and\n\n(B) Upon the actual sale, rental, or transfer of the time share, receives consideration.\n\n(II) For purposes of this subsection (28), a transfer of the resale time share does not, by itself, constitute consideration.\n\n(29) \"Trademark\" means a mark used by a person to identify goods and distinguish them from the goods of others.\n\n(30) \"Trade name\" means a word, name, symbol, or device, or any combination thereof, in any form or arrangement used by a person to identify the person's business, vocation, or occupation and distinguish it from the business, vocation, or occupation of others.\n\n(31) \"Used motor vehicle\" has the meaning set forth in section 42-6-201 (8).","path":["Title 6 - CONSUMER AND COMMERCIAL AFFAIRS","Article 1 - Colorado Consumer Protection Act","Part 1 - CONSUMER PROTECTION - GENERAL"],"source_url":"https://olls.info/crs/crs2026-title-06.htm","current_through":"Colorado Revised Statutes 2026","vintage":"","retrieved_at":"2026-09-14T18:37:45Z","sha256":"2043d6612c62c859f68eabd4dbaac614e5272b0343d2ddd5426f92d20f48b2ef","source_id":"us-co","stale":false,"prev":"us-co/c.r.s.-6-1-101","next":"us-co/c.r.s.-6-1-103"},"notice":"GroundRules: Original legal text. Not legal advice."}