RSA 358-S:1 · Definitions

358-S:1 Definitions. – As used in this chapter:

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I.

"Contract" means a month-to-month contract, monthly contract, or a term contract:

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(a)

"Month-to-month contract" means any contract for a new prospective student to pay membership fees on a monthly basis.

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(b)

"Monthly contract" means any contract where services are paid pro rata on a monthly basis for a predetermined period of time in excess of one month. No monthly contract shall be considered a "term contract."

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(c)

"Term contract" means any contract where services are paid for in whole and in advance for a period of time greater than one month.

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II.

"Facilities" means equipment, physical structures, and other tangible property utilized by a martial arts school to conduct its business.

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III.

"Initiation fee" means any sum of money received at the initiation of a membership for the incurred costs, including advertising, administration, commissions, and orientation.

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IV.

"Martial arts school" means any establishment primarily operated for the purpose of teaching a form or forms of self-defense, such as judo or karate. As used in this chapter, the term "martial arts school" shall not include, and this chapter shall not apply to, services rendered by:

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(a)

The state or any of its political subdivisions.

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(b)

Any nonprofit religious, ethnic, community, or service organization.

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(c)

Any establishment that does not have as one of its primary purposes or businesses the provision of martial arts school services or facilities.

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V.

"Member," "buyer," or "student" means a natural person who enters into a martial arts school contract or attains a status entitling him or her to the services or facilities of a martial arts school.

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VI.

"Prepayment" means any payment for services or the use of facilities made before the services or facilities are made available by the martial arts school. It is not a prepayment if a payment for services or the use of facilities is made on the same day the services or use of the facilities is provided. Money or other consideration received by a martial arts school from a financial institution upon the assignment or sale of a contract shall be considered a prepayment to the extent the member is required to make prepayments to the financial institution pursuant to the contract.

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VII.

"Seller" means the person, corporation, partnership, association, or other entity engaged in the operation of a martial arts school as defined in this section, and who offers for sale martial arts instruction at the martial arts school.

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VIII.

"Services" means programs, plans, guidance, or instruction provided by a martial arts school for martial arts school members.

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IX.

"Special offer or discount" means any offer of the marital arts school at a reduced price or without charge to the member or prospective member. Source. 2007, 281:1, eff. July 1, 2007.

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