A health spa facility may not operate in Utah unless the facility is registered with the division under the Health Spa Services Protection Act.
In addition, each health spa must obtain and maintain a performance bond, letter of credit, or certificate of deposit, unless exempt.
Frequently Asked Questions (click question to view answer)
Q: Can I open my facility before I am registered with the Division?
A: It is unlawful to operate without a permit from the Division.
Q: I am a personal trainer do I have to register separate from the facility?
A: If personal trainers are independent of the facility, registration is required.
Q: I do not have contracts.
A: The Health Spa Services Protection Act requires that the sale of health spa services shall be in writing and constitute the entire agreement between the consumer and health spa.
Q: Do I have to have surety compliance?
A: In order to be exempt from surety compliance, you must meet the following requirements:
offer not paid in full membership, but only membership paid by installment contracts.
5 miles provision clause (see the Act or application for the language)
all payments due under each contract, including down payments, enrollment fees, membership fees, or any other payments to the facility are in equal monthly installments spread over the entire term of the contract and
the term of each contract is clearly stated and not capable of being extended.
Q: When is my permit renewal due?
A: The renewal application is required to be received 30 days in advance of your expiration date.
Q: What happens if I do not send in my renewal registration in a timely manner?
A: The Division will issue an Administrative Citation and make claim on your surety compliance and assess a penalty.
Q: How do I determine the amount of my surety compliance?
A: The surety compliance schedule is determined by the number of unexpired contracts (active members and projected members for the year.
Q: My franchise agreement requires a 3rd party billing company to collect monthly payments. What happens if they make an error?
A: The contract with your franchise is between you and the franchise company. The facility owner is required to comply with the Act and is responsible for proper payment collections and refunds.
Q: If the facility’s membership increases during the year, how do I increase my surety compliance?
A: The facility is required to maintain an sufficient amount of surety compliance for the duration of their permit. The facility should contact the surety provider to increase the amount and file the amended document with the Division.
Q: Does the Division conduct audits?
A: The Act requires the records be open to inspection by the division at any time during normal business hours.
Q: Who is the registered agent?
A: The registered agent is a person or service corporation that accepts service of process on your behalf.
Q: What happens when I sell my facility to another party?
A: The former owner may not release, cancel, or terminate the owner’s liability under any bond, letter of credit, or certificate of deposit previously filed with the division, unless: the new owner has filed compliance (an initial registration and surety compliance) with the Division or the former owner has refunded all unearned payments to the consumers.
Q: What if I close my facility?
A: If a health spa ceases operation or relocates and fails to offer an alternative location within five miles, the health spa shall provide the Division with 45 days prior notice.
The health spa shall maintain the surety compliance for one year after it notifies the Division in writing that is has ceased all activities.
The facility shall provide the Division with a list of Membership Contracts valid on the date of closure 10 business days before closure.
The amount of the refund shall be determined by multiplying the number of months remaining on claimant’s membership term as of the date of closure by the monthly cost of such membership to the member at the time of purchase. Periods of less than a full month shall be compensated by determining a daily cost of membership and multiplying such daily cost by the number of unused membership days in such a period.
Additionally, closing procedures include providing the Division: (reference R152-23-4(J).
