2023 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.