{"data":{"id":"us-ut/utah-code-13-23-105","jurisdiction":"us-ut","citation":"Utah Code § 13-23-105","heading":"Exemptions from surety bond or certificate of deposit requirement.","body":"(1) A fitness center is exempt from Subsections 13-23-104(7) through (10) for a fitness center facility, if the fitness center only offers access to a fitness center service at the fitness center facility through:\n(a) the purchase of an individual class or session;\n(b) the purchase of a package:\n(i) with a defined number of classes or sessions; and\n(ii) for which the health spa may not hold more than $150 worth of a consumer's unused credit;\n(c) the purchase of a monthly membership or pass, payment for which the fitness center does not collect from a consumer more than two months in advance;\n(d) an installment contract that:\n(i) provides for the consumer to make all payments due under the contract, including a down payment, an enrollment fee, a membership fee, or any other payment to the fitness center, in equal monthly installments spread over the entire term of the contract; and\n(ii) contains the following clause: \"If this fitness center ceases operations at or changes the consumer's primary location in violation of Utah Code Subsection 13-23-102(7), (8), or (9), no further payments under this contract shall be due to anyone, including any assignee of the contract or purchaser of any note associated with or contained in this contract.\"; or\n(e) a combination of fitness center services described in Subsections (1)(a) through (d).\n(2) For purposes of finding the principal amount for the surety bond or certificate of deposit required under Section 13-23-104, a fitness center is not required to include in the calculation described in Subsection 13-23-104(8) a contract that offers access to a fitness center service as described in Subsection (1).\n(3) A fitness center that claims exemption from Subsections 13-23-104(7) through (10) or that a contract should be excluded from the calculation described in Subsection 13-23-104(8) bears the burden of proving to the division that the health spa or contract meets the relevant criteria described in Subsection (1) or (2).","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-S105.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"a2f5a068a77601d1ef7257f8bf3efe06e0cb69ec4c61a2ccb6252c7e2e76f992","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-13-23-104","next":"us-ut/utah-code-13-23-106"},"notice":"GroundRules: Original legal text. Not legal advice."}