Words and terms defined in the Health Spa Act (Texas Occupations Code, Chapter 702) shall have the same meaning in this chapter. In addition the following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

1. (1) Act--The Health Spa Act, Texas Occupations Code, Chapter 702.

2. (2) Closed, closes, or closing--A condition where:

   1. (A) the facilities of a health spa are no longer available to its members and equivalent facilities within 10 miles of the closed facilities have not been made available to members of the closed facilities; or
   2. (B) the registrant has sold a registered location and the security required by the Health Spa Act, §702.151, has either been canceled, withdrawn, or is otherwise unavailable for the use of members; or
   3. (C) the registrant has sold a registered location and the new owner has neither adopted nor honored the contracts of existing members.
3. (3) Contract--An agreement by which one becomes a member of a health spa.
4. (4) Fully open or fully open for business--The date on which all services of the health spa that were advertised before the opening or promised to be made available are available for use by its members.
5. (5) Location--The physical site or place where health spa facilities are located.
6. (6) Obligor--A person other than a surety who is obligated to perform in the event of a registrant's default.
7. (7) Prepayment--A payment for all services or the use of facilities made by members of a health spa before the services or facilities are made available to the members.
8. (8) Registrant--A person who has registered with the secretary and has been issued a health spa operator's certificate of registration.
9. (9) Secretary--The Texas secretary of state.

Source Note:The provisions of this §102.1 adopted to be effective January 18, 1993, 18 TexReg 61; amended to be effective December 27, 2004, 29 TexReg 11947.