R152. Commerce, Consumer Protection.
R152-23. Fitness Center Services Protection Act Rule.
R152-23-101. Purpose.
The purpose of this rule is to:
(1) establish the process for:
(a) initial registration of a fitness center facility;
(b) renewal of a fitness center facility registration;
(c) establishing a fitness center facility surety exemption;
(d) establishing a contract for fitness center services should be excluded from surety calculation; and
(e) notifying the division of any change to an applicant's registration information.
(2) aid the division's administration and enforcement of Title 13, Chapter 23, Fitness Center Services Protection Act.
R152-23-102. Authority.
This rule is promulgated in accordance with Subsections 13-2-106(1), 13-23-104(2)(b)(iv), and 13-23-104(4).
R152-23-103. Definitions.
As used in Subsection 13-23-104(1), "operate" means:
(1) to offer for sale or advertise a fitness center service; or
(2) to enter a contract for any fitness center service.
R152-23-201. Application for Registration or Renewal of Registration.
An application for registration or renewal of registration of a fitness center facility shall be submitted on a form approved by the division, and include:
(1) the applicant's:
(a) name, and any alternate name that it uses to do business as a fitness center facility;
(b) street address;
(c) mailing address;
(d) telephone number, and if applicable, facsimile number;
(e) email address;
(f) web address, if it maintains a website;
(2) a person designated by the applicant to be its contact person with whom the division will communicate regarding the application, and that person's:
(a) name;
(b) street address;
(c) mailing address;
(d) telephone number;
(e) email address;
(3) the applicant's registered agent for service of process in the state, and the registered agent's:
(a) name;
(b) street address;
(c) mailing address; and
(d) telephone number;
(4) a copy of any contract:
(a) used by the applicant in connection with the sale of a fitness center service;
(b) that is drafted in accordance with Title 13, Chapter 23, Fitness Center Services Protection Act;
(5) the number of unexpired contracts for a fitness center service that:
(a) designate the fitness center facility as a consumer's primary location; or
(b) for a fitness center facility's first year of registration, the number of contracts for a fitness center service designating the fitness center facility as a consumer's primary location the applicant reasonably expects to execute;
(6) a copy of the applicant's:
(a) surety bond or certificate of deposit obtained in accordance with Subsection 13-23-104(7) and on a form approved by the division; or
(b) a surety exemption claim completed in accordance with Section R152-23-202;
(7) a copy of the applicant's liability insurance policy, in accordance with Subsection 13-23-104(2)(b)(iii);
(8) a list of each fitness center service or combination of fitness center services offered by the applicant at the fitness center facility, including the price and duration of each service or combination of services; and
(9) the application fee and any applicable late fee.
R152-23-202. Surety Exemption Process.
A fitness center that claims a fitness center facility or a fitness center facility's contract is exempt from Subsections 13-23-104(7) through (9) shall submit a claim of exemption in the form approved by the division that shall include:
(1) a statement that identifies the exemption claimed in accordance with Subsections 13-23-105(1)(a) through (e);
(2) the number of unexpired contracts the fitness center claims should be excluded from surety calculation in accordance with Subsection 13-23-105(3); and
(3) any information necessary to prove the fitness center facility or the fitness center facility's contract qualifies for a claimed exemption, in accordance with Subsection 13-23-105(2).
R152-23-203. Notification of Closure, Relocation, or Change to Information Required by Registration Application.
A notification made to the division in accordance with Subsection 13-23-104(12) shall be in writing.
R152-23-204. Contract for Fitness Center Services.
A statement made in accordance with Subsection 13-23-102(6)(a) shall be capitalized and in bold text that is no smaller than 12-point size.
KEY: consumer protection, fitness center
Date of Last Change: October 26, 2026
Notice of Continuation: November 24, 2021
Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 13-23-104(2)(b)(iv); 13-23-104(4)
