HB 2097--
By Representative Vickrey

AN ACT concerning consumer protection; relating to physical fitness centers. Be it enacted by the Legislature of the State of Kansas: Section 1. As used in this act: (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, train- ing or assistance in physical culture, body-building, exercising, weight reducing, figure development, judo, karate, self-defense training or any similar activity; use of the facilities of a physical fitness center for any of those activities; or membership in any group formed by a center for any of these activities. Sec. 2. Governmental and not-for-profit entities are exempt from the provisions of this act. Sec. 3. (a) Every contract for physical fitness services shall be in writ- ing and shall be subject to this act. All provisions, requirements and pro- hibitions 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 contract shall be given to the customer at the time the customer signs the contract. (b) Every contract for physical fitness services shall set forth the cus- tomer's total payment obligation for services to be received pursuant to this contract. (c) Every contract for physical fitness services shall provide that: 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 moneys paid pursuant to said contract shall be refunded to the customer. For the purposes of this section, business day shall mean any day on which the facility is open for business. A customer purchasing a plan at a facility which has not yet opened for business at the time the contract is signed, or who does not purchase a contract at an existing facility, shall have seven calendar days in which to cancel the contract and receive a full refund of all moneys paid. Sec. 4. No contract for physical fitness services shall require a cus- tomer to make any initial deposit or similar initial payment to begin serv- ices at the center which is greater than the total the customer would be charged for six months of such services or for six months of such services on a pro-rated basis if the center charges fees on other than a monthly basis. Sec. 5. This act shall be part of and supplemental to the Kansas con- sumer protection act and violation of any portion of this act shall be considered an unconscionable act or practice pursuant to K.S.A. 50-627 and amendments thereto. Sec. 6. This act shall take effect and be in force from and after its publication in the statute book.