Exemptions from bond, letter of credit, or certificate of deposit requirement.
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(1) A health spa is exempt from Subsections 13-23-5(2) through (5) for a health spa facility, if the health spa only offers access to a health spa service at the health spa facility through:
(a) the purchase of an individual class or session;
(b) the purchase of a package:
(i) with a defined number of classes or sessions; and
(ii) for which the health spa may not hold more than $150 worth of a consumer's unused credit;
(c) the purchase of a monthly membership or pass, payment for which the health spa does not collect from a consumer more than two months in advance;
(d) an installment contract that:
(i) provides for the consumer to make all payments due under the contract, including a down payment, an enrollment fee, a membership fee, or any other payment to the health spa, in equal monthly installments spread over the entire term of the contract; and
(ii) contains the following clause: "If this health spa ceases operations at or changes the consumer's primary location in violation of Utah Code Subsection 13-23-3(7) or (8), no further payments under this contract shall be due to anyone, including any assignee of the contract or purchaser of any note associated with or contained in this contract."; or
(e) a combination of health spa services described in Subsections (1)(a) through (d).
(2) A health spa that claims exemption from Subsections 13-23-5(2) through (5) bears the burden of proving to the division that the health spa meets the exemption criteria described in Subsection (1).