{"data":{"id":"us-ut/utah-code-13-23-101","jurisdiction":"us-ut","citation":"Utah Code § 13-23-101","heading":"Definitions.","body":"As used in this chapter:\n(1) \"Business enterprise\" means a sole proprietorship, partnership, association, joint venture, corporation, limited liability company, or other entity used in carrying on a business.\n(2) \"Consumer\" means a purchaser of fitness center services for consideration.\n(3) \"Division\" means the Division of Consumer Protection established under Section 13-2-102.\n(4)\n(a) \"Fitness center\" means a business enterprise that provides access to a facility:\n(i) for a charge or a fee; and\n(ii) for the development or preservation of physical fitness or well-being, through exercise, weight control, or athletics.\n(b) \"Fitness center\" does not include:\n(i) a licensed physician who operates a facility at which the physician engages in the practice of medicine;\n(ii) a hospital, intermediate care facility, or skilled nursing care facility;\n(iii) a public or private school, college, or university;\n(iv) the state or a political subdivision of the state;\n(v) the United States or a political subdivision of the United States;\n(vi) a person offering instruction if the person does not:\n(A) utilize an employee or independent contractor; or\n(B) grant a consumer the use of a facility containing exercise equipment;\n(vii) a business enterprise, the primary operation of which is to teach self-defense or a martial art, including kickboxing, judo, or karate;\n(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;\n(ix) a business enterprise, the primary operation of which is to teach or allow an individual to practice yoga or Pilates;\n(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:\n(A) is only incidental to the overall function and purpose of the employer's business; and\n(B) is offered on a nonprofit basis;\n(xi) an individual providing professional services within the scope of the individual's license with the Division of Professional Licensing;\n(xii) a country club;\n(xiii) a nonprofit religious, ethnic, or community organization;\n(xiv) a residential weight reduction center;\n(xv) a business enterprise that only offers virtual services;\n(xvi) a business enterprise that only offers a credit for a service that a separate business enterprise offers;\n(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:\n(A) a guest, as defined in Section 29-2-102; or\n(B) an operator or employee of the lodging establishment;\n(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\n(xix) a person offering a personal training service exclusively as an employee or independent contractor of a fitness center.\n(5) \"Fitness center facility\" means a facility to which a business entity provides access:\n(a) for a charge or a fee; and\n(b) for the development or preservation of physical fitness or well-being, through exercise or athletics.\n(6)\n(a) \"Fitness center service\" means instruction, a service, a privilege, or a right that a fitness center offers for sale.\n(b) \"Fitness center service\" includes a personal training service.\n(7) \"Personal training service\" means the personalized instruction, training, supervision, or monitoring of an individual's physical fitness or well-being, through exercise or athletics.\n(8) \"Primary location\" means the fitness center facility that a fitness center designates in a contract for fitness center services as the fitness center facility the consumer in the contract will primarily use for fitness center services.","path":["Title 13 Commerce and Trade","Chapter 13-23 Fitness Center Services Protection Act","Part 13-23-1 General Provisions"],"source_url":"https://le.utah.gov/xcode/Title13/Chapter23/13-23-S101.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"a8285dc09f66812bdede7a709266d324f83c397b6b67e93c1ce5893b054bc6fe","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-13-22-116","next":"us-ut/utah-code-13-23-102"},"notice":"GroundRules: Original legal text. Not legal advice."}