6 Del. Admin. Code § 105-3.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 105-3.0 - Registration

3.1 All Health Spas must register with the Director prior to offering, advertising, selling, or executing any Health Spa Contract in the State of Delaware regardless of the contract term.

3.1.1 The individual act of offering or advertising any Health Spa Contract is still unlawful unless the Health Spa has been properly registered with the Director.

3.1.2 Multiple-class, class-package style memberships where consumers purchase a set of classes that is comparable in duration and fees to a three-month membership are considered Health Spa Contracts.

3.1.3 If a Health Spa believes they are exempt from payment due to their multiple-class package model, it should inquire with the Director by presenting contracts, plan offerings, and expected duration of packages at HealthSpaRegulation@Delaware.gov.

3.2 Health Spas include yoga studios, Pilates studios, and other studios that use a room in which activities done in service of advertised physical exercise, physical fitness, weight control, or figure reduction occurs.

3.3 A Health Spa is required to sign the application to register under penalty of perjury.

3.4 Upon the occurrence of any material change in the information on the application to register, the Health Spa has 20 days to update the Director of the related change in information.

3.5 All Health Spas must be properly registered by January 1 of every calendar year. A calendar year runs from January 1 to December 31.

3.5.1 Applications to register must be emailed to the Director at HealthSpaRegulation@Delaware.gov by December 1 prior to the year the Health Spa is registering for.

3.5.2 Applications submitted after December 1 may be subject to fines at the Director's discretion.

3.6 Health Spas must re-submit a registration annually. Registration does not automatically renew.

3.7 Registration is not transferrable.

3.7.1 Registration is specific to a health spa's location.

3.7.2 If a health spa closes a location and re-establishes the same business in a different location, a new registration must be submitted unless:

3.7.2.1 The new location is within a 15-mile driving distance; and

3.7.2.2 Interchangeable, comparable services are offered to members with no increase to charges, dues, or fees.

3.7.3 If a health spa has multiple locations, each location must submit a separate registration unless the following conditions are present:

3.7.3.1 Each location is within a 15-mile driving distance; and

3.7.3.2 Interchangeable, comparable services are offered to members with no increase in charges, dues, or fees.

3.8 Pre-registration Contracts and Advertising

3.8.1 To lawfully offer, advertise, and sell pre-opening contracts or Health Spa Contracts prior to opening, a Health Spa must file a bond or letter of credit with the Director at the time of registration.

3.8.2 Any Health Spa that has registered with the Director to lawfully advertise or sell pre-opening contracts may request the bond or letter of credit be terminated after 90 days of operation but is not required to cancel or terminate the bond or letter of credit.

3.8.3 Failure to terminate the bond as provided in subsection 3.8.2 of this regulation is not a waiver of the annual registration requirement for health spas offering and selling qualifying health spa contracts.

6 Del. Admin. Code § 105-3.0

25 DE Reg. 539 (11/1/2021) (final)