Rep. Jaime M. Andrade, Jr.

Filed: 4/3/2018

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 4275

2    AMENDMENT NO. ______. Amend House Bill 4275 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Physical Fitness Services Act is amended by
5changing Section 8 as follows:
 
6    (815 ILCS 645/8)  (from Ch. 29, par. 58)
7    Sec. 8. Prohibited contract provisions.
8    (a) No contract for basic physical fitness services shall
9require payment of a total amount in excess of $2500 per year,
10and every such contract must so provide in writing; except that
11this limit shall not apply to any contract for: (1) family or
12couple memberships, or (2) group memberships, where the
13purchaser is a corporation or other business entity or any
14social, fraternal or charitable organization not created for
15the purpose of encouraging this contractual arrangement.
16    (b) No contract for family or couple memberships for basic

 

 

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1physical fitness services shall require payment in excess of
2$2,500 per year per person covered under the membership.
3    (c) No contract for physical fitness services shall require
4payments or financing over a period in excess of 3 years from
5the date the contract is entered into, nor shall the term of
6any such contract be measured by the life of the customer. The
7initial term of services to be rendered under the contract may
8not extend over a period of more than 2 years from the date the
9parties enter into the contract; provided that the customer may
10be given an option to renew the contract for consecutive
11periods of not more than one year each for a reasonable
12consideration not less than 10% of the cash price of the
13original membership.
14    (d) No contract for physical fitness services shall require
15or entail the execution of any note by the customer which, when
16separately negotiated, will cut off as to third parties any
17right of action or defense which the customer may have against
18the physical fitness center. No right of action or defense
19arising out of a contract for physical fitness services which
20the customer has against the center shall be cut off by
21assignment of the contract whether or not the assignee acquires
22the contract in good faith and for value. Such an assignee is
23not a holder in due course.
24(Source: P.A. 94-663, eff. 1-1-06; 94-687, eff. 11-3-05.)
 
25    Section 99. Effective date. This Act takes effect June 1,

 

 

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12018.".