Health Spa Required Filings
All health spas operating in Georgia are required to submit a copy of their contract for approval by the Attorney General. According to the Fair Business Practices Act, no health spa contract shall be valid or enforceable unless the health spa operator has on file with CPD, a statement signed by the Attorney General or his designee certifying that a copy of the contract is on file with the Attorney General, and is in compliance with the law. This means that health spas which are open and are operating having not filed a copy of their contract with CPD are in violation of state law. Please be aware that appropriate steps will be taken by CPD to ensure compliance.
New health spas must submit a copy of their contract and a notarized health spa information form. Health spas planning to pre-sell memberships must submit a copy of their contract and a health spa pre-sales account and information form. Copies of both documents can be found on CPD’s website: consumer.georgia.gov, under services for the business.
Changes, amendments or modifications to approved health spa contracts must be submitted to CPD for further approval. It is recommended that copies of contract drafts containing the proposed changes are submitted. After approval of a contract draft, each health spa is required to submit a hard copy of the printed contract as soon as it becomes available.
For health spa contracts that are executed in the State of Georgia, the Attorney General has the sole authority to approve those contracts. Georiga health spa contracts should not indicate that another state has sole jurisdiction over that contract.
Refund Processing Fees
Under the health spa statute, gyms are not allowed to charge “refund processing fees.” Members who submit a written cancellation request within seven business days of signing an agreement are entitled to a full refund. There can be no charges for the preparation of documents since such fees are not considered to be “services” which are rendered to the consumer.