No contract for physical fitness services may:

(1) have a duration of longer than twenty-four months, nor a duration measured by the life of the customer, the life of the center, or any similar indefinite term; provided, however, if a center demonstrates financial responsibility to the administrator of the Department of Consumer Affairs and has been in operation for five or more years in this State, it may offer contracts for physical fitness services for a duration of up to thirty-six months if approved in writing by the administrator;

Terms Used In South Carolina Code 44-79-40

  • Administrator: means the administrator of the South Carolina Department of Consumer Affairs. See South Carolina Code 44-79-20
  • Center: means any person or organization which, for profit, offers physical fitness services, whether at multiple outlets bearing the same name or a single outlet. See South Carolina Code 44-79-20
  • Contract: A legal written agreement that becomes binding when signed.
  • Physical fitness services: means facilities or services for the development of physical fitness through exercise or weight control. See South Carolina Code 44-79-20

(2) waive the required provisions of this chapter;

(3) provide that a right of action or defense of the customer may be cut off by assignment of the contract to a third person.