20-13-1306. Health spas — Definition.

20-13-1306. Health spas — Definition. (a) As used in this section, “health spa” means any person, firm, corporation, organization, club, or association engaged in the sale of: (1) Memberships in a program of physical exercise that includes the use of one (1) or more sauna, whirlpool, weightlifting room, massage, steam room, or exercising machine or device; or (2) The right or privilege to use exercise equipment or facilities such as a sauna, whirlpool, weightlifting room, massage, steam room, or exercising machine or device, including, but not limited to: (A) For-profit businesses, firms, corporations, organizations, clubs, or associations; (B) Bona fide nonprofit organizations, including, but not limited to, the Young Men's Christian Association, YWCA USA, Inc., or similar organizations whose functions as health spas are only incidental to the overall functions and purposes; (C) Any organization primarily operated for the purpose of teaching a particular form of martial arts such as judo or karate; (D) Any college or university fitness center; (E) Any country club; or (F) Weight-loss or weight-control services which do not provide physical exercise facilities and which do not obligate the customer for more than twenty-five (25) months. (b)(1) Each health spa shall have at least one (1) automated external defibrillator on the premises. (2) The defibrillator shall at all times be placed in the location that best provides accessibility to staff, members, and guests. (3) At all times during staffed business hours, the spa shall ensure that at least one (1) employee who has completed a knowledge and skills course in operating an automated external defibrillator and in cardiopulmonary resuscitation is assigned to be on duty. (4) An unstaffed health spa shall have on the premises: (A) A telephone for 911 telephone call access; (B) An advisory warning that indicates that members of the unstaffed health spa should be aware that working out alone may pose risks to the health spa member's health and safety; and (C) In plain view: (i) A sign indicating the location of the automated external defibrillator; and (ii) A sign providing instruction in the use of the automated external defibrillator and in cardiopulmonary resuscitation. (c) No cause of action against a health spa or its employees may arise in connection with the use or nonuse of an automated external defibrillator unless the health spa has: (1) Failed to purchase an automated external defibrillator as required under this section; or (2) Acted with gross negligence in the use of an automated external defibrillator. (d) If a health spa does not comply with this section, any contract for health spa services shall be voidable at the option of the buyer.