{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-296.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-296.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-296.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-296.html"}],"law_id":77481,"edition_id":1,"section_id":77481,"structure_id":13741,"section_number":"59.1-296","catch_line":"Definitions","history":"1984, c. 738; 1985, c. 585; 1986, c. 187; 1990, cc. 392, 433; 1991, c. 149; 1992, c. 102; 2003, c. 344; 2007, c. 683; 2010, c. 439; 2014, c. 459; 2020, c. 628.","full_text":"As used in this chapter, unless the context requires a different meaning:\n\t\t“Automated external defibrillator” means a device that combines a heart monitor and defibrillator and (i) has been approved by the U.S. Food and Drug Administration; (ii) is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia; (iii) is capable of determining, without intervention by an operator, whether defibrillation should be performed; and (iv) automatically charges and requests delivery of an electrical impulse to an individual’s heart upon determining that defibrillation should be performed.\n\t\t“Business day” means any day except a Sunday or a legal holiday.\n\t\t“Buyer” means a natural person who enters into a health club contract.\n\t\t“Commissioner” means the Commissioner of Agriculture and Consumer Services, or a member of his staff to whom he may delegate his duties under this chapter.\n\t\t“Comparable alternate facility” means a health club facility that is reasonably of like kind, in nature and quality, to the health club facility originally contracted, whether such facility is in the same location but owned or operated by a different health club or is at another location of the same health club.\n\t\t“Contract price” means the sum of the initiation fee, if any, and all monthly fees except interest required by the health club contract.\n\t\t“Facility” means a location where health club services are offered as designated in a health club contract.\n\t\t“Health club” means any person, firm, corporation, organization, club or association whose primary purpose is to engage in the sale of memberships in a program consisting primarily of physical exercise with exercise machines or devices, or whose primary purpose is to engage in the sale of the right or privilege to use exercise machines or devices. The term “health club” shall not include the following: (i) bona fide nonprofit organizations, including, but not limited to, the Young Men’s Christian Association, Young Women’s Christian Association, or similar organizations whose functions as health clubs are only incidental to their overall functions and purposes; (ii) any private club owned and operated by its members; (iii) any organization primarily operated for the purpose of teaching a particular form of self-defense such as judo or karate; (iv) any facility owned or operated by the United States; (v) any facility owned or operated by the Commonwealth of Virginia or any of its political subdivisions; (vi) any nonprofit public or private school or institution of higher education; (vii) any club providing tennis or swimming facilities located in a residential planned community or subdivision, developed in conjunction with the development of such community or subdivision, and deriving at least 80 percent of its membership from residents of such community or subdivision; and (viii) any facility owned and operated by a private employer exclusively for the benefit of its employees, retirees, and family members and which facility is only incidental to the overall functions and purposes of the employer’s business and is operated on a nonprofit basis.\n\t\t“Health club contract” means an agreement whereby the buyer of health club services purchases, or becomes obligated to purchase, health club services.\n\t\t“Health club services” means and includes services, privileges, or rights offered for sale or provided by a health club.\n\t\t“Initiation fee” means a nonrecurring fee charged at or near the beginning of a health club membership, and includes all fees or charges not part of the monthly fee.\n\t\t“Monthly fee” means the total consideration, including but not limited to, equipment or locker rental, credit check, finance, medical and dietary evaluation, class and training fees, and all other similar fees or charges and interest, but excluding any initiation fee, to be paid by a buyer, divided by the total number of months of health club service use allowed by the buyer’s contract, including months or time periods called “free” or “bonus” months or time periods and such months or time periods that are described in any other terms suggesting that they are provided free of charge, which months or time periods are given or contemplated when the contract is initially executed.\n\t\t“Out of business” means the status of a facility that is permanently closed and for which there is no comparable alternate facility.\n\t\t“Prepayment” means payment of any consideration for services or the use of facilities made prior to the day on which the services or facilities of the health club are fully open and available for regular use by the members.\n\t\t“Relocation” means the provision of health club services by the health club that entered into the membership contract at a location other than that designated in the member’s contract.","order_by":null,"text":{"0":{"id":277944,"text":"As used in this chapter, unless the context requires a different meaning:\n\t\t“Automated external defibrillator” means a device that combines a heart monitor and defibrillator and (i) has been approved by the U.S. Food and Drug Administration; (ii) is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia; (iii) is capable of determining, without intervention by an operator, whether defibrillation should be performed; and (iv) automatically charges and requests delivery of an electrical impulse to an individual’s heart upon determining that defibrillation should be performed.\n\t\t“Business day” means any day except a Sunday or a legal holiday.\n\t\t“Buyer” means a natural person who enters into a health club contract.\n\t\t“Commissioner” means the Commissioner of Agriculture and Consumer Services, or a member of his staff to whom he may delegate his duties under this chapter.\n\t\t“Comparable alternate facility” means a health club facility that is reasonably of like kind, in nature and quality, to the health club facility originally contracted, whether such facility is in the same location but owned or operated by a different health club or is at another location of the same health club.\n\t\t“Contract price” means the sum of the initiation fee, if any, and all monthly fees except interest required by the health club contract.\n\t\t“Facility” means a location where health club services are offered as designated in a health club contract.\n\t\t“Health club” means any person, firm, corporation, organization, club or association whose primary purpose is to engage in the sale of memberships in a program consisting primarily of physical exercise with exercise machines or devices, or whose primary purpose is to engage in the sale of the right or privilege to use exercise machines or devices. The term “health club” shall not include the following: (i) bona fide nonprofit organizations, including, but not limited to, the Young Men’s Christian Association, Young Women’s Christian Association, or similar organizations whose functions as health clubs are only incidental to their overall functions and purposes; (ii) any private club owned and operated by its members; (iii) any organization primarily operated for the purpose of teaching a particular form of self-defense such as judo or karate; (iv) any facility owned or operated by the United States; (v) any facility owned or operated by the Commonwealth of Virginia or any of its political subdivisions; (vi) any nonprofit public or private school or institution of higher education; (vii) any club providing tennis or swimming facilities located in a residential planned community or subdivision, developed in conjunction with the development of such community or subdivision, and deriving at least 80 percent of its membership from residents of such community or subdivision; and (viii) any facility owned and operated by a private employer exclusively for the benefit of its employees, retirees, and family members and which facility is only incidental to the overall functions and purposes of the employer’s business and is operated on a nonprofit basis.\n\t\t“Health club contract” means an agreement whereby the buyer of health club services purchases, or becomes obligated to purchase, health club services.\n\t\t“Health club services” means and includes services, privileges, or rights offered for sale or provided by a health club.\n\t\t“Initiation fee” means a nonrecurring fee charged at or near the beginning of a health club membership, and includes all fees or charges not part of the monthly fee.\n\t\t“Monthly fee” means the total consideration, including but not limited to, equipment or locker rental, credit check, finance, medical and dietary evaluation, class and training fees, and all other similar fees or charges and interest, but excluding any initiation fee, to be paid by a buyer, divided by the total number of months of health club service use allowed by the buyer’s contract, including months or time periods called “free” or “bonus” months or time periods and such months or time periods that are described in any other terms suggesting that they are provided free of charge, which months or time periods are given or contemplated when the contract is initially executed.\n\t\t“Out of business” means the status of a facility that is permanently closed and for which there is no comparable alternate facility.\n\t\t“Prepayment” means payment of any consideration for services or the use of facilities made prior to the day on which the services or facilities of the health club are fully open and available for regular use by the members.\n\t\t“Relocation” means the provision of health club services by the health club that entered into the membership contract at a location other than that designated in the member’s contract.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13741,"edition_id":1,"name":"Virginia Health Club Act","identifier":"24","label":"chapter","depth":2,"order_by":1,"parent_id":12809,"metadata":{},"date_created":"2026-06-26 03:45:45","date_modified":"2026-06-26 03:45:45","permalink":{"id":260589,"object_type":"structure","relational_id":13741,"identifier":"24","token":"59.1\/24","url":"\/59.1\/24\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12809,"edition_id":1,"name":"Trade and Commerce","identifier":"59.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":259521,"object_type":"structure","relational_id":12809,"identifier":"59.1","token":"59.1","url":"\/59.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":65021,"structure_id":13741,"section_number":"59.1-294","catch_line":"Short title","url":"\/59.1-294\/","token":"59.1\/24\/59.1-294","metadata":false},{"id":79666,"structure_id":13741,"section_number":"59.1-295","catch_line":"Statement of purpose","url":"\/59.1-295\/","token":"59.1\/24\/59.1-295","metadata":false},{"id":77481,"structure_id":13741,"section_number":"59.1-296","catch_line":"Definitions","url":"\/59.1-296\/","token":"59.1\/24\/59.1-296","metadata":false},{"id":62798,"structure_id":13741,"section_number":"59.1-296.1","catch_line":"Registration; fees","url":"\/59.1-296.1\/","token":"59.1\/24\/59.1-296.1","metadata":false},{"id":73004,"structure_id":13741,"section_number":"59.1-296.2","catch_line":"Contracts sold on prepayment basis","url":"\/59.1-296.2\/","token":"59.1\/24\/59.1-296.2","metadata":false},{"id":84951,"structure_id":13741,"section_number":"59.1-296.2:1","catch_line":"Prepayment contracts; prohibited practices; relocation; refund","url":"\/59.1-296.2_1\/","token":"59.1\/24\/59.1-296.2_1","metadata":false},{"id":81442,"structure_id":13741,"section_number":"59.1-296.2:2","catch_line":"Automated external defibrillator required","url":"\/59.1-296.2_2\/","token":"59.1\/24\/59.1-296.2_2","metadata":false},{"id":84485,"structure_id":13741,"section_number":"59.1-296.3","catch_line":"Initiation fees","url":"\/59.1-296.3\/","token":"59.1\/24\/59.1-296.3","metadata":false},{"id":54962,"structure_id":13741,"section_number":"59.1-297","catch_line":"Right of cancellation","url":"\/59.1-297\/","token":"59.1\/24\/59.1-297","metadata":false},{"id":63583,"structure_id":13741,"section_number":"59.1-297.1","catch_line":"Payment and calculation of refunds","url":"\/59.1-297.1\/","token":"59.1\/24\/59.1-297.1","metadata":false},{"id":59624,"structure_id":13741,"section_number":"59.1-297.2","catch_line":"Automatic termination of a health club contract","url":"\/59.1-297.2\/","token":"59.1\/24\/59.1-297.2","metadata":false},{"id":85709,"structure_id":13741,"section_number":"59.1-298","catch_line":"Notice to buyer","url":"\/59.1-298\/","token":"59.1\/24\/59.1-298","metadata":false},{"id":75243,"structure_id":13741,"section_number":"59.1-299","catch_line":"Duration of contract","url":"\/59.1-299\/","token":"59.1\/24\/59.1-299","metadata":false},{"id":67031,"structure_id":13741,"section_number":"59.1-300","catch_line":"Provisions of this chapter not exclusive","url":"\/59.1-300\/","token":"59.1\/24\/59.1-300","metadata":false},{"id":69302,"structure_id":13741,"section_number":"59.1-301","catch_line":"Noncomplying contract voidable","url":"\/59.1-301\/","token":"59.1\/24\/59.1-301","metadata":false},{"id":54742,"structure_id":13741,"section_number":"59.1-302","catch_line":"Fraud rendering contract void","url":"\/59.1-302\/","token":"59.1\/24\/59.1-302","metadata":false},{"id":67696,"structure_id":13741,"section_number":"59.1-303","catch_line":"Waiver of provisions void and unenforceable","url":"\/59.1-303\/","token":"59.1\/24\/59.1-303","metadata":false},{"id":66423,"structure_id":13741,"section_number":"59.1-304","catch_line":"Notice of preservation of buyers' rights","url":"\/59.1-304\/","token":"59.1\/24\/59.1-304","metadata":false},{"id":72661,"structure_id":13741,"section_number":"59.1-305","catch_line":"Prohibition against assignment of health club contract cutting off buyer's right of action or defense against seller; conditions","url":"\/59.1-305\/","token":"59.1\/24\/59.1-305","metadata":false},{"id":63585,"structure_id":13741,"section_number":"59.1-306","catch_line":"Bond or letter of credit required; exception","url":"\/59.1-306\/","token":"59.1\/24\/59.1-306","metadata":false},{"id":84158,"structure_id":13741,"section_number":"59.1-307","catch_line":"Bond or letter of credit; persons protected","url":"\/59.1-307\/","token":"59.1\/24\/59.1-307","metadata":false},{"id":68743,"structure_id":13741,"section_number":"59.1-308","catch_line":"Change in ownership of health club","url":"\/59.1-308\/","token":"59.1\/24\/59.1-308","metadata":false},{"id":80382,"structure_id":13741,"section_number":"59.1-308.1","catch_line":"Production of records","url":"\/59.1-308.1\/","token":"59.1\/24\/59.1-308.1","metadata":false},{"id":65301,"structure_id":13741,"section_number":"59.1-308.2","catch_line":"Investigations","url":"\/59.1-308.2\/","token":"59.1\/24\/59.1-308.2","metadata":false},{"id":66761,"structure_id":13741,"section_number":"59.1-309","catch_line":"Enforcement; penalties","url":"\/59.1-309\/","token":"59.1\/24\/59.1-309","metadata":false},{"id":73149,"structure_id":13741,"section_number":"59.1-310","catch_line":"Applicability","url":"\/59.1-310\/","token":"59.1\/24\/59.1-310","metadata":false}],"previous_section":{"id":79666,"structure_id":13741,"section_number":"59.1-295","catch_line":"Statement of purpose","url":"\/59.1-295\/","token":"59.1\/24\/59.1-295","metadata":false},"next_section":{"id":62798,"structure_id":13741,"section_number":"59.1-296.1","catch_line":"Registration; fees","url":"\/59.1-296.1\/","token":"59.1\/24\/59.1-296.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-296\/","history_text":"

This law was first created in 1984. The record of its establishment is cataloged in chapter 738 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1984 \u201cActs\u201d aren\u2019t available online. It has been modified 10 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1985, chapter 585; in 1986, chapter 187; in 1990, chapters 392 and 433; in 1991, chapter 149; in 1992, chapter 102; in 2003, chapter 344<\/a>; in 2007, chapter 683<\/a>; in 2010, chapter 439<\/a>; in 2014, chapter 459<\/a>; in 2020, chapter 628<\/a>.<\/p>","references":[{"id":63585,"section_number":"59.1-306","catch_line":"Bond or letter of credit required; exception","order_by":null,"url":"\/59.1-306\/"}],"refers_to":false,"permalink":{"id":260599,"object_type":"law","relational_id":77481,"identifier":"59.1-296","token":"59.1\/24\/59.1-296","url":"\/59.1-296\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-296\/","token":"59.1\/24\/59.1-296","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-296","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this chapter, unless the context requires a different meaning:\n\t\t“Automated external defibrillator<\/span>” means a device that combines a heart monitor and defibrillator and (i) has been approved by the U.S. Food and Drug Administration; (ii) is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia; (iii) is capable of determining, without intervention by an operator, whether defibrillation should be performed; and (iv) automatically charges and requests delivery of an electrical impulse to an individual’s heart upon determining that defibrillation should be performed.\n\t\t“Business day<\/span>” means any day except a Sunday or a legal holiday.\n\t\t“Buyer<\/span>” means a natural person who enters into a health club contract<\/span>.\n\t\t“Commissioner<\/span>” means the Commissioner<\/span> of Agriculture and Consumer Services, or a member of his staff to whom he may delegate his duties under this chapter.\n\t\t“Comparable alternate facility<\/span>” means a health club facility that is reasonably of like kind, in nature and quality, to the health club facility originally contracted, whether such facility is in the same location but owned or operated by a different health club or is at another location of the same health club.\n\t\t“Contract price<\/span>” means the sum of the initiation fee<\/span>, if any, and all monthly fees<\/span> except interest required by the health club contract<\/span>.\n\t\t“Facility” means a location where health club services<\/span> are offered as designated in a health club contract<\/span>.\n\t\t“Health club” means any person, firm, corporation, organization, club or association whose primary purpose is to engage in the sale of memberships in a program consisting primarily of physical exercise with exercise machines or devices, or whose primary purpose is to engage in the sale of the right or privilege<\/span> to use exercise machines or devices. The term “health club” shall not include the following: (i) bona fide nonprofit organizations, including, but not limited to, the Young Men’s Christian Association, Young Women’s Christian Association, or similar organizations whose functions as health clubs<\/span> are only incidental to their overall functions and purposes; (ii) any private club owned and operated by its members; (iii) any organization primarily operated for the purpose of teaching a particular form of self-defense such as judo or karate; (iv) any facility owned or operated by the United States; (v) any facility owned or operated by the Commonwealth of Virginia or any of its political subdivisions; (vi) any nonprofit public or private school or institution of higher education; (vii) any club providing tennis or swimming facilities located in a residential planned community or subdivision, developed in conjunction with the development of such community or subdivision, and deriving at least 80 percent of its membership from residents of such community or subdivision; and (viii) any facility owned and operated by a private employer exclusively for the benefit of its employees, retirees, and family members and which facility is only incidental to the overall functions and purposes of the employer’s business and is operated on a nonprofit basis.\n\t\t“Health club contract<\/span>” means an agreement whereby the buyer<\/span> of health club services<\/span> purchases, or becomes obligated to purchase, health club services<\/span>.\n\t\t“Health club services<\/span>” means and includes services, privileges<\/span>, or rights offered for sale or provided by a health club.\n\t\t“Initiation fee<\/span>” means a nonrecurring fee charged at or near the beginning of a health club membership, and includes all fees or charges not part of the monthly fee<\/span>.\n\t\t“Monthly fee<\/span>” means the total consideration, including but not limited to, equipment or locker rental, credit check, finance, medical and dietary evaluation, class and training fees, and all other similar fees or charges and interest, but excluding any initiation fee<\/span>, to be paid by a buyer<\/span>, divided by the total number of months of health club service use allowed by the buyer<\/span>’s contract, including months or time periods called “free<\/span>” or “bonus<\/span>” months or time periods and such months or time periods that are described in any other terms suggesting that they are provided free<\/span> of charge, which months or time periods are given or contemplated when the contract is initially executed.\n\t\t“Out of business<\/span>” means the status of a facility that is permanently closed and for which there is no comparable alternate facility<\/span>.\n\t\t“Prepayment<\/span>” means payment of any consideration for services or the use of facilities made prior to the day on which the services or facilities of the health club are fully open and available for regular use by the members.\n\t\t“Relocation<\/span>” means the provision of health club services<\/span> by the health club that entered into the membership contract at a location other than that designated in the member’s contract.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 59.1-296)\n\nAs used in this chapter, unless the context requires a different meaning:\n\t\t“Automated external defibrillator” means a device that combines a\nheart monitor and defibrillator and (i) has been approved by the U.S. Food and\nDrug Administration; (ii) is capable of recognizing the presence or absence of\nventricular fibrillation or rapid ventricular tachycardia; (iii) is capable of\ndetermining, without intervention by an operator, whether defibrillation should\nbe performed; and (iv) automatically charges and requests delivery of an\nelectrical impulse to an individual’s heart upon determining that\ndefibrillation should be performed.\n\t\t“Business day” means any day except a Sunday or a legal holiday.\n\t\t“Buyer” means a natural person who enters into a health club\ncontract.\n\t\t“Commissioner” means the Commissioner of Agriculture and Consumer\nServices, or a member of his staff to whom he may delegate his duties under this\nchapter.\n\t\t“Comparable alternate facility” means a health club facility that\nis reasonably of like kind, in nature and quality, to the health club facility\noriginally contracted, whether such facility is in the same location but owned\nor operated by a different health club or is at another location of the same\nhealth club.\n\t\t“Contract price” means the sum of the initiation fee, if any, and\nall monthly fees except interest required by the health club contract.\n\t\t“Facility” means a location where health club services are offered\nas designated in a health club contract.\n\t\t“Health club” means any person, firm, corporation, organization,\nclub or association whose primary purpose is to engage in the sale of\nmemberships in a program consisting primarily of physical exercise with exercise\nmachines or devices, or whose primary purpose is to engage in the sale of the\nright or privilege to use exercise machines or devices. The term “health\nclub” shall not include the following: (i) bona fide nonprofit\norganizations, including, but not limited to, the Young Men’s Christian\nAssociation, Young Women’s Christian Association, or similar organizations\nwhose functions as health clubs are only incidental to their overall functions\nand purposes; (ii) any private club owned and operated by its members; (iii) any\norganization primarily operated for the purpose of teaching a particular form of\nself-defense such as judo or karate; (iv) any facility owned or operated by the\nUnited States; (v) any facility owned or operated by the Commonwealth of\nVirginia or any of its political subdivisions; (vi) any nonprofit public or\nprivate school or institution of higher education; (vii) any club providing\ntennis or swimming facilities located in a residential planned community or\nsubdivision, developed in conjunction with the development of such community or\nsubdivision, and deriving at least 80 percent of its membership from residents\nof such community or subdivision; and (viii) any facility owned and operated by\na private employer exclusively for the benefit of its employees, retirees, and\nfamily members and which facility is only incidental to the overall functions\nand purposes of the employer’s business and is operated on a nonprofit\nbasis.\n\t\t“Health club contract” means an agreement whereby the buyer of\nhealth club services purchases, or becomes obligated to purchase, health club\nservices.\n\t\t“Health club services” means and includes services, privileges, or\nrights offered for sale or provided by a health club.\n\t\t“Initiation fee” means a nonrecurring fee charged at or near the\nbeginning of a health club membership, and includes all fees or charges not part\nof the monthly fee.\n\t\t“Monthly fee” means the total consideration, including but not\nlimited to, equipment or locker rental, credit check, finance, medical and\ndietary evaluation, class and training fees, and all other similar fees or\ncharges and interest, but excluding any initiation fee, to be paid by a buyer,\ndivided by the total number of months of health club service use allowed by the\nbuyer’s contract, including months or time periods called\n“free” or “bonus” months or time periods and such months\nor time periods that are described in any other terms suggesting that they are\nprovided free of charge, which months or time periods are given or contemplated\nwhen the contract is initially executed.\n\t\t“Out of business” means the status of a facility that is\npermanently closed and for which there is no comparable alternate facility.\n\t\t“Prepayment” means payment of any consideration for services or\nthe use of facilities made prior to the day on which the services or facilities\nof the health club are fully open and available for regular use by the members.\n\t\t“Relocation” means the provision of health club services by the\nhealth club that entered into the membership contract at a location other than\nthat designated in the member’s contract.\n\nHISTORY: 1984, c. 738; 1985, c. 585; 1986, c. 187; 1990, cc. 392, 433; 1991, c.\n149; 1992, c. 102; 2003, c. 344; 2007, c. 683; 2010, c. 439; 2014, c. 459; 2020,\nc. 628.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}