NY Gen Bus L § 621 (2021)
2021 New York Laws GBS - General Business Article 30 - Health Club Services 621 - Definitions.

§  621.  Definitions.  1.  "Contract  for  services."  As used in this article, a contract for services means a contract for consumer  services for  instruction,  training  or  assistance in bodybuilding, exercising, weight reducing, figure development, the martial arts to include,  judo, karate  and  self-defense, or any similar course of physical training to be provided for the future use by a consumer of the facilities providing the foregoing instruction, training or assistance; or for membership  in any  group,  club,  association  or  organization  for  any of the above purposes; except however, that a contract for services shall not mean or include:  (a) Membership in any group, club, association or  organization  which provides  any  of the foregoing services and which is organized pursuant to the provisions of the not-for-profit corporation law; or  (b) Boarding accommodations; or  (c) Travel arrangements contracted for less than one year in  advance; or  (d) Contracts which incorporate warranties of services or repair given in  conjunction  with appliances or other goods, where the sale of goods is the primary object of the contract; or  (e) Services by a college or university chartered by the university of the state of New York, a  secondary  school,  an  elementary  school,  a nursery school or kindergarten; and  (f)  Contracts  for  services  to  provide  instruction,  training  or assistance to acquire a vocation or skill conducted in a training school or by home study.  (g) Contracts for programs which  provide  instruction  for  improving tennis  skills,  and  are of eight weeks duration or less where the full fee does not exceed two hundred fifty dollars.  (h)  Contracts  relating  solely  to  the  seasonal  use   of   tennis facilities.   2.  "Health  club"  as  used  in  this article means any person, firm, corporation, partnership, unincorporated association, or other  business enterprise   offering   instruction,   training  or  assistance  or  the facilities  for  the   preservation,   maintenance,   encouragement   or development  of  physical fitness or well being. Such term shall include but shall not be limited to health spas, sports, tennis,  racquet  ball, platform  tennis  and  health  clubs,  figure  salons,  health  studios, gymnasiums,  weight  control  studios,  martial  arts  and  self-defense schools or any other similar course of physical training.   3.  "Secretary"  as  used  in this article shall mean the secretary of state.   4.  "Seller"  as  used  in  this  article  means  any  person,   firm, corporation,  partnership,  unincorporated association or other business enterprise which operates or intends to operate a health club.   5. "Buyer" as used in this article means  any  individual  who  enters into a contract for services with a health club.   6.  "Cardiopulmonary  resuscitation"  or "CPR" as used in this article means  measures,  as  specified  in  regulations  promulgated   by   the commissioner  of  health,  to restore function or support ventilation in the  event  of  a  cardiac  or   respiratory   arrest.   Cardiopulmonary resuscitation  shall  not  include  measures  to improve ventilation and cardiac functions in the absence of an arrest.   7. "Automated external defibrillator" or "AED" as used in this article means  a  medical  device  approved  by  the  federal  food   and   drug administration  that  (a)  is  capable  of  recognizing  the presence or absence in a patient of ventricular fibrillation and  rapid  ventricular tachycardia;  (b)  is capable of determining, without intervention by an operator, whether defibrillation should be performed on the patient; (c)  upon determining that defibrillation should be performed,  automatically charges  and requests delivery of an electrical impulse to the patient's heart; and (d) upon action  by  an  operator,  delivers  an  appropriate electrical impulse to the patient's heart to perform defibrillation.