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SB0314 - 104th General Assembly
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| 1 | AMENDMENT TO SENATE BILL 314 | ||||||
| 2 | AMENDMENT NO. ______. Amend Senate Bill 314 by replacing | ||||||
| 3 | everything after the enacting clause with the following: | ||||||
| 4 | "Section 5. The Physical Fitness Services Act is amended | ||||||
| 5 | by adding Section 7.5 as follows: | ||||||
| 6 | (815 ILCS 645/7.5 new) | ||||||
| 7 | Sec. 7.5. Contract requirements; lifetime memberships. | ||||||
| 8 | (a) As used in this Section, "lifetime membership" means a | ||||||
| 9 | membership advertised or represented by a physical fitness | ||||||
| 10 | center as a membership to that physical fitness center that | ||||||
| 11 | lasts for the duration of the life of the customer unless | ||||||
| 12 | cancelled by the customer. | ||||||
| 13 | (b) A physical fitness center that offers a lifetime | ||||||
| 14 | membership that includes provisions in the membership contract | ||||||
| 15 | that allow for increases in costs or fees or reductions in | ||||||
| 16 | benefits shall disclose those provisions clearly and | ||||||
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| 1 | conspicuously in a bold, clearly readable font that is | ||||||
| 2 | consistent with the typeface used in the contract. | ||||||
| 3 | (c) If a physical fitness center that offers a lifetime | ||||||
| 4 | membership fails to clearly and conspicuously disclose that | ||||||
| 5 | the lifetime membership's costs or fees could increase or the | ||||||
| 6 | lifetime membership's benefits could be reduced, as described | ||||||
| 7 | in subsection (b), either during the contract's initial term | ||||||
| 8 | of services or with respect to any automatic renewal of the | ||||||
| 9 | contract, then the physical fitness center must honor the | ||||||
| 10 | original terms of the membership for the duration of the life | ||||||
| 11 | of the customer and shall not increase any costs or fees or | ||||||
| 12 | reduce any benefits provided for in the original lifetime | ||||||
| 13 | membership unless: (i) the physical fitness center is sold to | ||||||
| 14 | a person or entity that is not affiliated with or controlled by | ||||||
| 15 | the original person or entity who operated the physical | ||||||
| 16 | fitness center that entered into the lifetime membership | ||||||
| 17 | contract with the customer; or (ii) the customer voluntarily | ||||||
| 18 | agrees in writing to change the terms of the lifetime | ||||||
| 19 | membership. | ||||||
| 20 | (d) A physical fitness center shall provide a copy of the | ||||||
| 21 | lifetime membership contract to the customer upon the request | ||||||
| 22 | of the customer.". | ||||||