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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>63585</law_id><section_number>59.1-306</section_number><catch_line>Bond or letter of credit required; exception</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>59.1-296.1</reference><reference>59.1-296.2:1</reference><reference>59.1-307</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="59.1">Trade and Commerce</unit><unit label="chapter" level="2" order_by="1" identifier="24">Virginia Health Club Act</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> Every health club, before it enters into a <span class="dictionary">health club contract</span> and accepts any moneys in excess of the prorated <span class="dictionary">monthly fee</span> for the month when the contract is initially executed plus one month&#x2019;s fees or accepts any <span class="dictionary">initiation fee</span> in excess of $125, shall file and maintain with the <span class="dictionary">Commissioner</span>, in form and substance satisfactory to him, a <span class="dictionary">bond</span> with corporate <span class="dictionary">surety</span>, from a company authorized to transact business in the Commonwealth or a letter of credit from a bank insured by the Federal Deposit Insurance Corporation in the amounts indicated below:
			For purposes of calculating the number of applicable unexpired <span class="dictionary">health club contracts</span> when determining the required amount of <span class="dictionary">bond</span> or letter of credit, <span class="dictionary">health club contracts</span> entered into on or after January 1, 2005, with a term that exceeds 13 months shall be counted as multiple <span class="dictionary">health club contracts</span>, such that the number of applicable contracts counted with respect thereto shall equal the total of the number of full years and any partial year in its term. However, this paragraph shall not apply (i) to <span class="dictionary">health club contracts</span> that are payable only on a monthly basis and for which the <span class="dictionary">initiation fee</span> is no more than $250 or (ii) if the number of the health club&#x2019;s contracts in effect with a term that exceeds 13 months is less than 10 percent of the total of its <span class="dictionary">health club contracts</span>.
			The number of applicable unexpired contracts shall be separately calculated for each <span class="dictionary">facility</span>.
			A health club shall file a separate <span class="dictionary">bond</span> or letter of credit with respect to each separate <span class="dictionary">facility</span>, even though the separate facilities are owned or operated by the same health club.
			However, no health club shall be required to file with the <span class="dictionary">Commissioner</span> <span class="dictionary">bonds</span> or letters of credit in excess of $300,000. If the $300,000 limit is applicable, then the <span class="dictionary">bonds</span> or letters of credit filed by the health club shall apply to all facilities owned or operated by the same health club. <a id="paragraph-231643" class="section-permalink" href="https://vacode.org/59.1-306/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> A health club may sell <span class="dictionary">health club contracts</span> of up to 36 months&#x2019; duration for a <span class="dictionary">facility</span> for which a health club has not filed a <span class="dictionary">bond</span> or letter of credit so long as the amount of payment actually charged, due or received under the <span class="dictionary">health club contracts</span> each month by the health club or any holder thereunder does not exceed the <span class="dictionary">monthly fee</span> calculated pursuant to the definition thereof in &#xA7; <a class="law" title="Definitions" href="/59.1-296/">59.1-296</a>, with the exception that the payment actually charged may include a maximum <span class="dictionary">initiation fee</span> of $125 for <span class="dictionary">health club contracts</span> of 13 months or more in duration. <a id="paragraph-231644" class="section-permalink" href="https://vacode.org/59.1-306/#B"><i class="fa fa-link"/></a></p></section></text><history>1984, c. 738; 1985, c. 585; 1990, cc. 392, 433; 1992, c. 117; 2004, c. 988; 2010, c. 439; 2014, c. 459.</history><metadata></metadata></law>
