Health Club and Martial Arts School Registration

New Hampshire’s health club statute requires all the state’s health clubs to register with the Consumer Protection and Antitrust Bureau every year; see N.H. R.S.A. § 358-I:2; sets out some things that have to be in membership agreements and other things that cannot be in those agreements; see N.H. R.S.A. § 358-I:3;  and prohibits clubs from doing certain things like offering discounts unequally or misrepresenting the qualifications of their staff, the availability of equipment, or the results that members should expect; see N.H. R.S.A. § 358-I:7.  A health club is any establishment which provides services or facilities which purport to improve or maintain the user’s physical condition or appearance through weight control, exercise, dieting, or a combination of these, and includes salons, spas, exercise clubs, exercise gyms, health studios, health clubs, weight control centers, and any similar facility. See N.H. R.S.A. § 358-I:1.

The martial arts schools statute imposes similar annual registration requirements, requirements about membership agreements, and limits around discounts and marketing for all New Hampshire martial arts schools.  See N.H. R.S.A. § 358-S:2; N.H. R.S.A. § 358-S:3; N.H. R.S.A. § 358-S:8.  A martial arts school is any establishment primarily operated for the purpose of teaching a form or forms of self-defense, like judo or karate.  See N.H. R.S.A. § 358-S:1.

Consumers who use health clubs or martial arts schools should know that they have rights under these laws, including the right to enter a month-to-month membership (instead of a longer-term contract) and the right to receive refunds for prepaid services in certain circumstances like if an injury or illness prevents them from using the services or if the facility moves or closes.  See N.H. R.S.A. § 358-I:5; N.H. R.S.A. § 358-I:6; N.H. R.S.A. § 358-S:5; N.H. R.S.A. § 358-S:6.

A health club or martial arts school that fails to comply with their applicable statute also violates New Hampshire’s Consumer Protection Act (the CPA).  See N.H. R.S.A. § 358-I:8; N.H. R.S.A. § 359-S:9.  Private parties like members can bring actions under the CPA to recover any damages they’ve suffered, and the CPA allows recovery of double or triple damages and attorneys’ fees in some circumstances.  See N.H. R.S.A. § 358-A:10.  The Consumer Protection and Antitrust Bureau also enforces the CPA on behalf of the state, and can seek a wide range of remedies, including civil penalties of up to $10,000 per violation, court injunctions, the appointment of a receiver, and even, in appropriate circumstances, the dissolution of the business or a criminal conviction.  See N.H. R.S.A. § 358-A:4; N.H. R.S.A. § 358-A:6.

The foregoing is only an overview of the applicable laws.  You should read the full statutes or consult with an attorney to determine any rights or obligations you may have under these laws.  You can view the full text of the health club statute here: N.H. R.S.A. § 358-I; the martial arts school statute here: N.H. R.S.A. § 358-S; and the CPA here: N.H. R.S.A. § 358-A. 

The Consumer Protection and Antitrust Bureau maintains a list of registered health clubs and martial arts schools that can be found here.