Tenn. Code Ann. » Tenn. Code / Title 47 / Chapter 18 / Part 3
Tennessee Code Annotated

Tenn. Code Ann. § 47-18-303 (2026)

Unenforceable health club agreements

✓ current as of May 2026
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A health club agreement shall be unenforceable against the buyer, and the buyer shall be entitled to a refund less that portion of the total price which represents actual use of the facilities and less the cost of goods and services consumed by the buyer if:

Amended by 2016 Tenn. Acts, ch. 858,s 18, eff. 7/1/2016.

Acts 1984, ch. 630, § 3; 1986, ch. 894, § 2; 1989, ch. 460, §§ 5, 6; 1996, ch. 929, § 3.

Notes of Decisions
Cited in 5 cases, 1987–2017 · leading case: State v. S. Fitness & Health, Inc., 743 S.W.2d 160 (Tenn. 1987).
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State v. S. Fitness & Health, Inc., 743 S.W.2d 160 (Tenn. 1987). · cites it 4× “Tenn. Code Ann. § 47-18-303 was amended to make a health club agreement unenforceable against the buyer, not only when an operator fails to obtain and file a bond, certificate of deposit, or irrevocable letter of credit, but also if a buyer was induced to sign the health club…”
State v. Travis Thompson (Tenn. Ct. App. 2003). · cites it 14× “Tenn. Code Ann. § 47-18-303 (2001). Thus, the Health Club Act details relief available to the consumer, but does not mention whether the State may obtain relief on the consumer’s behalf under the Health Club Act.”
Shay Simpson v. Nat'l Fitness Ctr., Inc. (2017). · cites it 2× “The Tennessee Health Club Act, Tenn. Code Ann. §47-18-303 , provides that a health club agreement shall be unenforceable if the agreement was entered into in reliance upon “any false, deceptive, or misleading information, representation, notice or advertisement”.”
Dunlap v. Fortress Corp. & Covenant Health (Tenn. Ct. App. 2000). · cites it 5× “, and Petry, the Tennessee Legislature passed legislation regarding health clubs as a part of the Consumer Protection Act, Tenn. Code Ann. §47-18-301 et seq. Tenn. Code Ann.”
Floyd v. Club Sys. of TN (Tenn. Ct. App. 1999). · cites it 4× “Section 47-18-303 provides in pertinent part as follows: A health club agreement shall be unenforceable against the buyer, and the buyer shall be entitled to a refund less that portion of the total price which represents actual use of the facilities and less the cost of goods…”
— Tenn. Code Ann. § 47-18-303(2) — 1 case
State v. Travis Thompson (Tenn. Ct. App. 2003). “Tenn. Code Ann. § 47-18-303 (2001). Thus, the Health Club Act details relief available to the consumer, but does not mention whether the State may obtain relief on the consumer’s behalf under the Health Club Act.”
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