Illinois Compiled Statutes 815 ILCS 645 — Physical Fitness Services Act.

Short title

Short title. This Act shall be known and may be cited as the "Physical Fitness Services Act". (Source: P.A. 82-346.)

Definitions

Definitions. (a) "Physical fitness center" or "center" means any person or business entity offering physical fitness services to the public. (b) "Physical fitness services" or "services" includes instruction, training or assistance in physical culture, bodybuilding, exercising, weight reducing, figure development, judo…

Applicability

Applicability. (a) Except as provided in Section 14, governmental and not-for-profit entities are exempt from the requirements of this Act. (b) The provisions of this Act are not exclusive, and do not exempt any contract for physical fitness services, nor the parties thereto, from any other applicable law, nor prohibit…

Contract requirements: written contract

Contract requirements: written contract. Every contract for physical fitness services shall be in writing and shall be subject to this Act. All provisions, requirements and prohibitions which are mandated by this Act shall be contained in the written contract before it is signed by the customer. A copy of the written c…

Contract requirements: disclosure of costs

Contract requirements: disclosure of costs. Every contract for physical fitness services shall set forth the customer's total payment obligation for services to be received pursuant to the contract. (Source: P.A. 82-346.)

Contract requirements: cancellation and refund

Contract requirements: cancellation and refund. (a) Every contract for physical fitness services shall provide that: (1) the contract may be cancelled by the customer within 3 business days after the first business day after the contract is signed by the customer, and that all monies paid pursuant to said contract shal…

Contract requirements: planned centers

Contract requirements: planned centers. Every contract for physical fitness services at a planned physical fitness center or a center under construction shall further provide that, in the event that the facilities and services contracted for are not available within 12 months from the date the contract is entered into,…

Advertising and contract requirements for lifetime memberships

Advertising and contract requirements for lifetime memberships. (a) As used in this Section, "lifetime membership" means a membership advertised or represented by a physical fitness center as a membership to that physical fitness center that lasts for the duration of the life of the customer unless canceled by the cust…

Prohibited contract provisions

Prohibited contract provisions. (a) (Blank). (b) (Blank). (c) The initial term of services to be rendered under the contract may not extend over a period of more than one year from the date the parties enter into the contract; provided that the customer may be given an option to renew the contract for consecutive perio…

General provisions

General provisions. (a) All contracts for basic physical fitness services which may be in effect between the same center and the same customer, the terms of which overlap for any period, shall be considered as one contract for the purposes of this Act. No physical fitness center may sell, induce, or permit any purchase…

Prohibited acts

Prohibited acts. (a) Unfair or deceptive acts and practices are prohibited, including but not limited to: use of coercive sales tactics; misrepresentation of the quality, benefits or nature of services; misrepresentation of the qualifications or numbers of personnel, or the present or maximum number of customers who ma…

Enforcement by customer

Enforcement by customer. Any customer injured by a violation of this Act may bring an action for the recovery of damages. Judgment may be entered for 3 times the amount at which the actual damages are assessed, plus costs and reasonable attorneys' fees. (Source: P.A. 82-346.)

Enforcement by Attorney General

Enforcement by Attorney General. All remedies, penalties and authority granted to the Attorney General by the "Consumer Fraud and Deceptive Business Practices Act", approved July 24, 1961, as now or hereafter amended, shall be available to him for the enforcement of this Act, and Sections 3, 4, 5, 6, 6.1, 7 and 10 of t…

Preopening sales escrow

Preopening sales escrow. (a) All moneys received by a physical fitness center pursuant to contracts for physical fitness services prior to the full operation of such center shall be placed in escrow. Such funds shall be kept and maintained in an account separate and apart from any account maintained for the physical fi…

(a) A physical fitness center shall have available and on its premises, during staffed business hours, at least one person who holds a valid certificate indicating that he has successfully completed a course of training in basic cardiopulmonary resuscitation which complies with generally recognized standards for basic…