New Jersey Administrative Code
Title 13 - LAW AND PUBLIC SAFETY
Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS
Subchapter 25 - SELLERS OF HEALTH CLUB SERVICES
Section 13:45A-25.2 - Registration; fees
Current through Register Vol. 56, No. 18, September 16, 2024
(a) Applicant(s) shall request information from the Health Club Coordinator, Office of Consumer Protection, Post Office Box 45025, Newark, New Jersey 07101 regarding the initial registration of a facility; thereafter an application shall be forwarded to the applicant, along with a copy of the Act and a copy of all current rules.
(b) Any person who offers for sale or sells health club services shall pay to the Director of the Division of Consumer Affairs a registration fee of $ 300.00 every two years for each health club facility operated, $ 150.00 if paid during the second half of the biennial period.
(c) Upon verification of the information submitted in the application, payment of the registration fee and posting of a security, if not exempt from that requirement pursuant to N.J.A.C. 13:45A-25.4, a Certificate of Registration and the Notice described in (e) below shall be issued to the facility. The Certificate of Registration and Notice shall be displayed in a prominent place at the main entrance of each health club facility.
(d) Each contract for health club services shall contain, in the upper right-hand corner, the facility's Certificate of Registration number.
(e) The following shall be the text of the Notice to be provided by the Division to each registered facility: NOTICE This facility is registered as a seller of health club services by the State of New Jersey, Department of Law and Public Safety, Division of Consumer Affairs, 124 Halsey Street, Newark, New Jersey 07102. Such registration does not mean that this facility has been approved or endorsed by that agency. Patrons are advised that under New Jersey law, facilities offering contracts for health club services for longer than a three-month period must post with the Division of Consumer Affairs security against failure to provide such services.
(f) A registrant may note in advertising that it is a registered health club; however, a registrant shall not state or imply that the facility has been approved or endorsed by the Division.
(g) All registrations shall expire every two years on the 10th day of February.
(h) Registered facilities shall post the following notice, which shall be printed in at least 14-point bold-faced type, at any location where a consumer signs a contract:
NOTICE TO CUSTOMER
You are entitled to a copy of any contract you sign with this facility at the time you sign it.
You may cancel this contract at any time before midnight of the third operating day after receiving a copy of this contract. If you choose to cancel this contract, you must either:
(INSERT NAME OF HEALTH CLUB)
(INSERT ADDRESS OF HEALTH CLUB)
If you cancel this contract within the three-day period, you are entitled to a full refund of your money. If the third operating day falls on a Sunday or holiday, notice is timely given if it is mailed or delivered as specified in this notice on the next operating day. Refunds must be made within 30 days of receipt by the health club of the cancellation notice.
"Operating day" means any calendar day on which patrons may inspect and use the health club's facilities and services during a period of at least eight hours, except holidays and Sundays.
(i) A registered facility shall post the notice required at (h) above on its website if the facility allows consumers to enter into contracts with the facility online.
