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This entry was published on 2014-09-22
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SECTION 621
Definitions
General Business (GBS) CHAPTER 20, ARTICLE 30
§ 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.