{"data":{"id":"us-ky/krs-367.900","jurisdiction":"us-ky","citation":"KRS 367.900","heading":"Definitions.","body":"As used in KRS 367.905 to 367.930, unless the context requires otherwise:\n(1) \"Health spa\" means an establishment, except those defined as nonprofit\norganizations under 26 U.S.C. sec. 509(a), which provides for profit as one of its\nprimary purposes, services or facilities which purport to improve the user's physical\ncondition or appearance through participation in sports activities, fitness training,\nexercise, or body building.  The term includes establishments that offer access to\nany of the following faci lities:  gymnasiums, swimming pools, tracks, ball courts,\nweight lifting equipment, exercise equipment or facilities, saunas, steambaths, or\nwhirlpools.  It does not include establishments that limit their services primarily to\ndiet counseling and the provision of special dietary foods.\n(2) \"Contract\" means an oral or written agreement by which one becomes a member of\na health spa.\n(3) \"Member\" means a status attained by any natural person entitling him to the\nservices or facilities of a health spa.\n(4) \"Seller\" means the person, corporation, partnership, association, or group engaged\nin the operation of a health spa as defined in this section, and who offers for sale the\nright to use the facilities or the services of the health spa.\n(5) \"Facilities\" means e quipment, physical structures, and other tangible property\nutilized by a health spa to conduct its business.  The term includes, but is not\nlimited to, saunas, whirlpool baths, gymnasiums, running tracks, swimming pools,\nshower areas, and exercise equipment.\n(6) \"Services\" means programs, plans, guidance, or instruction provided by a health spa\nfor health spa members.  The term includes, but is not limited to diet planning,\nexercise instruction, exercise programs, and instructional classes.\n(7) \"Prepayment\" means any payment for services or the use of facilities made before\nthe services or facilities are made available by the health spa.  It is not a prepayment\nif a payment for services or the use of facilities is made on the same day the services\nor use of the facilities is provided.  Money or other consideration received by a\nhealth spa from a financial institution upon the assignment or sale of a contract shall\nbe considered a prepayment to the extent the member is required to make\nprepayments to the financial institution pursuant to the contract.\n(8) \"Special offer or discount\" means any offer of health spa services or the use of\nhealth spa facilities at a reduced price or without charge to the member or\nprospective member.\n(9) \"Contract price\" means the t otal consideration paid by a member pursuant to a\ncontract, including, but not limited to the following:\n(a) Any nonrecurring fee charged at, or near, the beginning of a health spa\nmembership or renewal period;\n(b) All monthly fees required by the contract;\n(c) All finance charges, time -price differentials, interest, and other similar fees\nand charges; and\n(d) All charges for equipment or locker rental, credit check, financial, medical\nand dietary evaluation, class and training fees.\n(10) \"Contract term\" means the total period of health spa use allowed by a member's\ncontract, including months or time periods that are called \"free\" or \"bonus,\" or that\nare described in any other terms suggesting that they are provided free of charge.","path":["KRS Chapter 367"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=35101","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:06Z","sha256":"67a1e7755b420747d5c951bc2bbfc0798f604e2ea0bc48741a3bb1d39fb63350","source_id":"us-ky","stale":false,"prev":"us-ky/krs-367.890","next":"us-ky/krs-367.905"},"notice":"GroundRules: Original legal text. Not legal advice."}