(1) (a) A contract for the purchase of a fitness center service shall be in writing. (b) The written contract described in Subsection (1)(a) shall constitute the entire agreement between the consumer and the fitness center. (2) (a) The fitness center shall provide the consumer with a fully completed copy of the contract required by Subsection (1): (i) at the time of the contract's execution; and (ii) at any time, upon the consumer's request. (b) The copy described in Subsection (2)(a) shall show: (i) the date of the transaction; (ii) the name and address of the fitness center; (iii) the name, address, and telephone number of the consumer; and (iv) the consumer's primary location. (3) (a) A contract described in Subsection (1): (i) may not have a term in excess of 36 months; and (ii) subject to Subsection (3)(b), may include an automatic renewal provision. (b) An automatic renewal provision described in Subsection (3)(a) is effective if notice of the automatic renewal provision is provided to the consumer no sooner than 60 days before, and no later than 30 days before, the day on which the contract automatically renews. (c) Except for a lifetime membership sold before May 1, 1995, a fitness center may not offer a lifetime membership. (4) A contract described in Subsection (1) or an attachment to the contract shall clearly state each rule of the fitness center that applies to: (a) the consumer's use of the fitness center's facilities and services; and (b) cancellation and refund policies of the fitness center. (5) A contract described in Subsection (1) shall specify which equipment or facility of the fitness center: (a) is omitted from the contract's coverage; or (b) may be changed at the fitness center's discretion. (6) A contract described in Subsection (1) shall clearly: (a) state the consumer's rescission rights under Section 13-23-103; and (b) provide an email address and a mailing address where the consumer can send the fitness center a notice of intent to rescind the contract. (7) (a) If a consumer and a fitness center enter into a contract described in Subsection (1) before May 4, 2022, the fitness center may: (i) assign the contract to another fitness center that requires the consumer to obtain a contracted fitness center service at a fitness center facility within five driving miles from the consumer's initial primary location; or (ii) change the consumer's primary location to a fitness center facility within five driving miles from the consumer's initial primary location. (b) If a consumer and a fitness center enter into a contract described in Subsection (1) on or after May 4, 2022, the fitness center may not: (i) assign the contract to another fitness center that requires the consumer to obtain a contracted fitness center service at a fitness center facility within five driving miles from the consumer's initial primary location, unless the fitness center that enters into the contract includes in the contract a disclaimer that: (A) is in at least 12-point, bold font on the first page of the contract; and (B) states that the fitness center may assign the contract to another fitness center requiring the consumer to obtain a contracted fitness center service at another facility within five driving miles from the consumer's initial primary location; or (ii) change the consumer's primary location to a fitness center facility within five driving miles from the consumer's initial primary location, unless the fitness center includes in the contract a disclaimer that: (A) is in at least 12-point, bold font on the first page of the contract; and (B) states that the fitness center may change the consumer's primary location to a fitness center facility within five driving miles from the consumer's initial primary location. (8) (a) Except as permitted under Subsection (8)(b), a fitness center may not assign a contract for a fitness center service to a fitness center that requires the consumer to obtain a contracted fitness center service at a fitness center facility farther than five driving miles from the consumer's initial primary location, unless the fitness center: (i) provides the consumer the option to cancel the contract; and (ii) receives approval from the consumer to assign the contract. (b) A fitness center may assign a consumer's contract for a fitness center service without complying with Subsection (8)(a), if: (i) during the 60-day period immediately before the day on which the fitness center assigns the consumer's contract, the consumer uses a fitness center facility operated by the assignee more frequently than the consumer's primary location; (ii) the assignee changes the consumer's primary location to the fitness center facility described in Subsection (8)(b)(i); and (iii) the fitness center has a reciprocity agreement with the assignee. (9) (a) Except as permitted under Subsection (9)(b), before a fitness center changes a consumer's primary location to a fitness center facility farther than five driving miles from the consumer's initial primary location, the fitness center shall provide the consumer the option to: (i) cancel the contract for a fitness center service; or (ii) (A) continue the contract at the new fitness center facility; and (B) designate the new fitness center facility as the consumer's primary location. (b) A fitness center may change a consumer's primary location without providing the consumer the option described in Subsection (9)(a), if: (i) during the 60-day period immediately before the day on which the fitness center changes the consumer's primary location, the consumer uses a fitness center facility other than the consumer's primary location more frequently than the consumer's primary location; and (ii) the fitness center changes the consumer's primary location to the fitness center facility described in Subsection (9)(b)(i). (10) The provisions of this section apply regardless of when the execution of a contract described in Subsection (1)(a) occurs. Renumbered and Amended by Chapter 95, 2026 General Session
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