Law Office Of Paul DePetris
paul@newjerseylemon.com

New Jersey Health Club Fraud Rules

Read below to learn more about this topic.

Or, to receive a no cost phone consultation about what the Law Office of Paul DePetris might be able to do for you, call Mr. DePetris at 609-714-2020 or send an email to Mr. DePetris at paul@newjerseylemon.com.

The information in this article is only for New Jersey Law Division, Civil Part cases and not for other New Jersey court cases, such as those in New Jersey Special Civil Court, New Jersey Small Claims Court or New Jersey Chancery Court!!! Do not use this article if you have a New Jersey Special Civil Court, New Jersey Small Claims Court or New Jersey Chancery Court case!!! Also, no website is a substitute for competent advice from a New Jersey lawyer!

Warning – this article does not necessarily include each and every New Jersey court rule that may apply to your New Jersey case! The Law Office of Paul DePetris does not guarantee that the statutes, rules, codes, files or forms on this website are the latest versions of the statutes, rules, codes, files or forms, that they lack typographical errors or that they have not been amended, repealed or superseded by other federal or state law. The New Jersey Statutes, United States Statutes, New Jersey Administrative Code and Federal Code in this database are not annotated. Accordingly, this database may include laws that: (1) never became operable due to unmet conditions; (2) expired; (3) were repealed or amended; (4) were declared void by a court of law; (5) or are otherwise invalid. Further, effective dates of the laws are not necessarily included in the database. Accordingly, you should not rely upon the statutes, rules, codes, files or forms on this website contained in this database for any purpose and before taking any legal measures, you instead should read all applicable federal and state source law and case law and consult with an attorney for any changes in the laws. Be certain to cross reference all applicable rules before preparing, filing or serving any papers!!! For example, Special Civil Part Rules often cross reference other rules – rules that apply to Special Civil Part Cases as well as to other types of civil cases not being heard in Special Civil Part.

NEW JERSEY CONSUMER FRAUD ACT HEALTH CLUB RULES

SUBCHAPTER 25. SELLERS OF HEALTH CLUB SERVICES
13:45A-25.1 “Health club” defined
(a) The term “health club” shall include any establishment which:
1. Devotes at least 40 percent of its facility to the preservation, maintenance, encouragement or basic development
of physical fitness or physical well-being through physical exercise; and
2. Where patron use is predominantly at will (that is, usage is permitted whenever the establishment is open or
during specified time periods, such as “weekends”, “weekdays”, “mornings”, etc.).
(b) The term “health club” shall not include a single focus establishment/facility that is devoted to the development of
one particular physical skill, or activity or enjoyment of one specific sport. The following facilities are not subject to
the Act Regulating Sellers of Health Club Services, P.L. 1987, c. 238 (“Act”):
1. Basic aerobic and “dance exercise” centers operating on a scheduled lesson or hourly basis;
2. Children’s gyms (commercial play-spaces with trampolines and other gymnastic equipment) operating on a
scheduled lesson or hourly basis;
3. Martial arts schools (for example, karate institutes);
4. Dancing schools (for example, ballet and jazz);
5. Gymnastic schools operating on a scheduled lesson or hourly basis;
6. Tanning salons (“sun studios”);
7. Weight control centers;
8. Metabolic and nutrition centers;
9. Other single sport centers (for example, swim clubs, tennis clubs and racquetball clubs).
(c) Health club facilities located in hotels, motels, condominiums, cooperatives, corporate offices or other business
facilities and which charge fees comparable to other for-profit health clubs are subject to the Act unless usage is
limited to guests, residents or employees at no charge or at nominal cost, in which event the facilities are not within
the scope of the Act.
13:45A-25.2 Registration; fees
(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.
13:45A-25.3 Exemption from registration
(a) Where a facility claims exemption from registration because less than 40 percent of its square footage is devoted to
health club services, the facility shall calculate the 40 percent square footage on the basis of the total indoor square
footage of the establishment including the exercise equipment area(s), sauna(s), swimming pool(s), locker facilities
and shower areas. The facility shall return a completed application form to the Division of Consumer Affairs along
with documentation of the “less than 40 percent” claim, which shall include:
1. A schematic drawing noting the dimensions and use of each area of the facility;
2. A list of the various rooms/spaces with the total square footage of each room/space;
3. A statement of the total square footage of the facility; and
4. Two sample advertisements or brochures if any have been published by the facility within a three month period
prior to the date documentation is filed.
(b) If, after the filing of the claim of exemption from registration, a facility makes an internal or external change in
space allocation which changes the relationship of the health club services area to the total premises, the facility shall
file a revised schematic diagram with the Division. This filing shall be made no later than 90 days after the date
when the change in space allocation is completed.
(c) A claim of exemption from registration because less than 40 percent of the facility’s square footage is devoted to
health club services shall be subject to on-site verification at the discretion of the Director of the Division.
13:45A-25.4 Exemption from security requirement
A separate Declaration of Exemption from Security Requirement shall be filed for each facility claiming exemption from
the bond/letter of credit/security requirement of N.J.S.A. 56:8-41 because its membership contracts are for a period no longer
than three months. When the Declaration of Exemption from Security Requirement is filed, it must be accompanied by a
copy of a written contract as proof that the contract duration is for a period of no longer than three months. The Declaration
of Exemption from Security Requirement shall be available upon request from the Health Club Coordinator, Office of
Consumer Protection, Post Office Box 45025, Newark, NJ 07101.
13:45A-25.5 Documentation of maintenance of security
Each establishment which has posted a bond as security shall maintain complete and accurate records relating to the
bond and premium payments made thereon. Each establishment which has posted a letter of credit or provided other security
acceptable to the Director of the Division shall maintain complete and accurate records relating to those items. These records
shall be available on the premises of the establishment for review by the Director or his or her designated representative on
any operating day.
13:45A-25.6 Violations; sanctions
Without limiting the prosecution of any other practices which may be unlawful under the Consumer Fraud Act, N.J.S.A.
56:8-1 et seq., any violation of the provisions of this subchapter shall be subject to the sanctions contained in the Consumer
Fraud Act.


NEED HELP WITH YOUR NEW JERSEY CASE?
Handling your New Jersey case wrong from the beginning may only cost you more money and time in the end!! Do it right the first time by seeking legal advice from a competent New Jersey lawyer!
Let the Law Office of Paul DePetris help you with your New Jersey case. Not all New Jersey cases require you to pay expensive legal fees to get legal help.

WHY SHOULD NEW JERSEY PRO SE PLAINTIFFS AND NEW JERSEY PRO SE DEFENDANTS SEEK HELP FROM A NEW JERSEY LAWYER?
Handling your New Jersey case wrong from the beginning may only cost you more money and time in the end!! Do it right the first time by seeking legal advice from a competent New Jersey lawyer!
Many New Jersey pro se plaintiffs and New Jersey pro se defendants make the mistake of not consulting a New Jersey lawyer before filing New Jersey Court papers only to later learn that the New Jersey pro se plaintiffs and New Jersey pro se defendants made serious mistakes that could cause them to lose their New Jersey case. Let the Law Office of Paul DePetris help you with your New Jersey case.

CAN I RELY ON NEW JERSEY COURT PERSONNEL FOR LEGAL ADVICE?
New Jersey Court employees cannot give you “free” legal advice and a New Jersey Court judge may refuse to let you claim that you were right in taking an action (or in deciding not to take action) because you relied on advice from such employees. Most New Jersey Court employees are not trained New Jersey attorneys and therefore, they may not know what advice to give you. Working at the New Jersey Court as a non-judge is not the same as practicing law.

CAN I RELY ON NEW JERSEY COURT FORMS PROVIDED BY THE NEW JERSEY COURT?
The New Jersey Court usually provides certain types of New Jersey Court legal forms to the public and those forms are often very helpful. However, beware relying on New Jersey Court forms provided by the New Jersey Court – the New Jersey Court forms are often deceptively simple, while New Jersey cases often are much more complex than they first appear to be. There is simply no substitute for a competent New Jersey attorney licensed to practice law in New Jersey who has experience handling New Jersey cases. New Jersey Court forms don’t talk and New Jersey Court forms and their directions rarely, if ever, cover every possible situation, set of facts or legal issue that may arise in a New Jersey case. Each New Jersey case has its own particular legal issues and therefore, its own challenges. If you can afford a competent New Jersey attorney, it is best to have the New Jersey attorney prepare your New Jersey Court paperwork for you.

CAN I HANDLE A NEW JERSEY CASE MYSELF?
Many New Jersey pro se plaintiffs and New Jersey pro se defendants can and do successfully handle New Jersey cases, from filing the first paperwork to the collection of a New Jersey Court judgment. However, many other New Jersey pro se plaintiffs and New Jersey pro se defendants also make mistakes that lead to the dismissal of their New Jersey cases or that result in the entry of a New Jersey Court money judgment against them. The greater the money at stake, the greater the reason to consider using the services of a competent attorney licensed to practice law in New Jersey to handle part or all of the New Jersey case. The following are reasons to use an attorney to handle part or all of your New Jersey case:
• New Jersey Court fees often change
• New Jersey Court rules often change
• New Jersey Court employees cannot give you “free” legal advice and a New Jersey Court judge may refuse to let you claim that you were right in taking an action (or in deciding not to take action) because you relied on advice from such employees
• New Jersey Court forms available on websites may not cover every situation you may face in Court
• each New Jersey case has its own particular legal issues and therefore, its own challenges
• it is very common for New Jersey pro se plaintiffs and New Jersey pro se defendants to file inadequate or incorrect New Jersey Court complaints that result in the New Jersey Court complaints or answers to New Jersey Court complaints being rejected by the New Jersey Court or being dismissed by the New Jersey Court after filing and before or after trial because of procedural deficiencies.
• it is not uncommon for judges to get very frustrated by an unrepresented party’s lack of preparation or ignorance of the facts or law of the New Jersey case.
• a Court has the power to punish unprepared New Jersey plaintiffs and New Jersey defendants, such as by throwing their New Jersey case out of Court or limiting what they can present at the New Jersey Court trial.
• New Jersey has many published cases, laws, regulations, Court rules and rules of evidence that can be very tricky to understand and that can be used to prevent you from doing much of what you want to do at the New Jersey Court trial.
• it is very common for Courts to refuse to allow a party to use or refer to documents or items at the New Jersey Court trial that the person themselves never prepared. Often New Jersey plaintiffs and New Jersey defendants stumble into New Jersey Court with a video, photograph, bill or affidavit or other form of written statement, thinking they are going to use it as proof that they lost money or that they are not responsible for someone else’s damages, only to have a New Jersey Court judge tell the New Jersey plaintiffs and New Jersey defendants that it is not going to even consider such items or documents.
• without the proper preparation, items and documents may never be considered by the New Jersey Court. Also, if there are any legal issues to be dealt with at the New Jersey Court trial, you must be prepared to argue them, which may require you to refer to Court rules, evidence rules, laws, regulations or published cases.
• you cannot show up at the New Jersey Court expecting the judge hearing your New Jersey case to explain Court rules, evidence rules, Court procedure or the details of the law that applies to your New Jersey case. The judge hearing your New Jersey case is not permitted to give you legal advice.

It is important to remember that even if you have an attorney, you could lose your New Jersey case. Hiring an attorney to handle part or all of your New Jersey case does not guarantee your success. However, it may provide what is needed to win your New Jersey case or to avoid certain mistakes.

DOES THE LAW OFFICE OF PAUL DEPETRIS HAVE EXPERIENCE HANDLING NEW JERSEY CASES?
Yes. Paul DePetris has performed the following tasks:
• handled New Jersey cases for plaintiffs and defendants across New Jersey, from Bergen County New Jersey to Cumberland County New Jersey, including representations of individuals, small businesses and large corporations.
• settled New Jersey cases for plaintiffs and defendants across New Jersey.
• reviewed many New Jersey Court settlement agreements.
• enforced many New Jersey Court settlement agreements.
• provided New Jersey pro se plaintiffs and New Jersey pro se defendants with New Jersey Court legal advice and prepared New Jersey Court legal forms
• prepared and filed many New Jersey Court complaints
• tried New Jersey Court jury trials
• mediated many New Jersey cases
• argued New Jersey Court motions
• handled New Jersey Court proof hearings
• handled New Jersey Court post judgment collection proceedings

Mr. DePetris has appeared before the Superior Court of New Jersey in the following counties:
• Atlantic County New Jersey Court
• Bergen County New Jersey Court
• Burlington County New Jersey Court
• Camden County New Jersey Court
• Cape May County New Jersey Court
• Cumberland County New Jersey Court
• Essex County New Jersey Court
• Gloucester County New Jersey Court
• Hudson County New Jersey Court
• Mercer County New Jersey Court
• Middlesex County New Jersey Court
• Monmouth County New Jersey Court
• Morris County New Jersey Court
• Ocean County New Jersey Court
• Passaic County New Jersey Court
• Salem County New Jersey Court
• Somerset County New Jersey Court
• Sussex County New Jersey Court
• Union County New Jersey Court
• Warren County New Jersey Court

IN WHAT NEW JERSEY COUNTIES WILL THE LAW OFFICE OF PAUL DEPETRIS HANDLE NEW JERSEY CASES?
The Law Office of Paul DePetris offers to handle and help individuals and businesses with New Jersey Court Claims cases in North, Central and Southern New Jersey, including cases in the following New Jersey counties:
• Atlantic County New Jersey Court
• Bergen County New Jersey Court
• Burlington County New Jersey Court
• Camden County New Jersey Court
• Cape May County New Jersey Court
• Cumberland County New Jersey Court
• Essex County New Jersey Court
• Gloucester County New Jersey Court
• Hudson County New Jersey Court
• Mercer County New Jersey Court
• Middlesex County New Jersey Court
• Monmouth County New Jersey Court
• Morris County New Jersey Court
• Ocean County New Jersey Court
• Passaic County New Jersey Court
• Salem County New Jersey Court
• Somerset County New Jersey Court
• Sussex County New Jersey Court
• Union County New Jersey Court
• Warren County New Jersey Court

WHAT IF I DON’T HAVE ENOUGH MONEY TO HIRE AN ATTORNEY TO HANDLE MY NEW JERSEY CASE FROM BEGINNING TO END?
In many situations, the Law Office of Paul DePetris offers alternatives to handling New Jersey cases for an hourly fee, such as by offering to handle your New Jersey case up to trial for a fixed fee or to help you handle your New Jersey case by yourself. Such flexible methods may allow you to keep the amount legal fees you spend on your New Jersey case to a fixed sum, while providing you the help you need to handle your New Jersey case. For a no obligation phone consultation about what the Firm might be able to do for you, call Mr. DePetris at 609-714-2020 or send an email to Mr. DePetris.
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