Tennessee Code Annotated

Tenn. Code Ann. § 47-18-301 (2026)

Part definitions

✓ current as of May 2026

Find cases: SyfertCases citing this section JustiaTenn. Code CornellLII Search CasesGoogle Scholar

As used in this part, unless the context otherwise requires:

(1) "Buyer" means a purchaser under a health club agreement;

(2) [Deleted by 2016 amendment.]

(3) [Deleted by 2015 amendment.]

(4)
- (A) "Health club" means any enterprise, however styled, which offers on a regular, full-time basis, and pursuant to a health club agreement, services or facilities for the development or preservation of physical fitness through exercise, weight control or athletics;
- (B) "Health club" does not include the following:
  - (i) Any organization primarily operated for the purpose of teaching a particular form of martial arts such as judo or karate;
  - (ii) Weight loss or control services which do not provide physical exercise services, facilities, or equipment;
  - (iii) Any nonprofit health club that is exempt from taxation under § 67-6-330(a)(17), or any nonprofit health club operated as part of a licensed nonprofit hospital exempt from taxation under § 67-5-212; or
  - (iv) Any enterprise, however styled, primarily operating on a scheduled lesson or hourly basis for the purpose of teaching or enjoying physical skills, physical activities, or sports, such as gymnastics, yoga, dance, aerobics, directed high intensity interval training, or other similar activities even though such activities may involve the use of free weights or exercise machines;

(5)
- (A) "Health club agreement" means an agreement whereby a buyer purchases, or is obligated to purchase, any right to use health club facilities or services; and such services or facilities are for personal, family, employee, or household use; and
- (B) "Health club agreement" does not include the following:
  - (i) Any agreement for personal training services; or
  - (ii) Any agreement for tangible products sold by the health club;

(6) "Operator" means any person, firm, corporation, or business entity which operates a health club.

Amended by 2016 Tenn. Acts, ch. 858, Secs.s 1, s 2 eff. 7/1/2016.

Amended by 2015 Tenn. Acts, ch. 339, s 11, eff. 7/1/2015.

Acts 1984, ch. 630, § 1; 1989, ch. 460, §§ 14, 18; 1996, ch. 929, §§ 1, 2; 2001, ch. 126, § 1; 2005, ch. 95, § 1; 2008 , ch. 926, § 1.

Notes of Decisions

Cited in 6 cases, 1987–2017 · leading case: State v. S. Fitness & Health, Inc., 743 S.W.2d 160 (Tenn. 1987).

Sort: Relevance Newest Treatment

State v. S. Fitness & Health, Inc., 743 S.W.2d 160 (Tenn. 1987). · cites it 8× “This is an appeal from the judgment of the Chancery Court of Madison County de-daring the Tennessee Health Club Bond Act, T.C.A. §§ 47-18-301 through 320, to be in violation of the Constitution of the United States and the Constitution of Tennessee.”

State Ex Rel. Humphrey v. Ri-Mel, Inc., 417 N.W.2d 102 (Minn. Ct. App. 1987). “1986); Tenn.Code Ann. § 47-18-301 (1984); Tex.Civ.”

Dunlap v. Fortress Corp. & Covenant Health (Tenn. Ct. App. 2000). · cites it 8× “We pretermit the issue based on Molzen and conclude that the dispositive issue in this case is whether Tenn. Code Ann.§47-18-301 et seq. renders the exculpatory clause in this case unenforceable.”

Shay Simpson v. Nat'l Fitness Ctr., Inc. (2017). “The Simpsons’ complaint set forth causes of action arising from the Tennessee Health Club Act at Tenn. Code Ann. § 47-18-301 , et seq., and the TCPA, at Tenn.”

Floyd v. Club Sys. of TN (Tenn. Ct. App. 1999). “Floyd's argument that Petry's reasoning is no longer valid in light of the enactment of Tennessee Code Annotated sections 47-18-301 to 47-18-320 relating to health clubs.”

Holiday Universal, Inc. v. Haber, 1990 Mass. App. Div. 69 (Mass. Dist. Ct., App. Div. 1990). “…para. 51 (Smith-Hurd 1982). Md. Comm. Law, Code Ann. §14-12B-01 (1983). Conn. Gen. Stat Ann. § 21-216 (West 1985). Tenn. Code Ann. § 47-18-301 (1987).”

— Tenn. Code Ann. § 47-18-301(3) — 1 case

State v. S. Fitness & Health, Inc., 743 S.W.2d 160 (Tenn. 1987). “This is an appeal from the judgment of the Chancery Court of Madison County de-daring the Tennessee Health Club Bond Act, T.C.A. §§ 47-18-301 through 320, to be in violation of the Constitution of the United States and the Constitution of Tennessee.”

— Tenn. Code Ann. § 47-18-301(4) — 1 case

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.