Bill
H 4274
Health-club membership contracts in Massachusetts would be subject to stronger consumer protections, including disclosures, bonding, registration, and safeguards if clubs close or
Note on sources: The materials provided appear to include two different measures that share the identifier “H 4274.” One is a South Carolina House resolution honoring Coach Tony Gainey (introduced/adopted April 1, 2025). The other is a Massachusetts House bill (filed July 7, 2025; committee activity July 23, 2025) proposing consumer protections for health-club (fitness) memberships. Both are summarized below and clearly labeled.
Status: Introduced and adopted (House resolution) — 04/01/2025
Purpose and intent
- To recognize and honor Hartsville High School head baseball Coach Tony Gainey upon his retirement at the end of the 2025 season and to extend best wishes for his retirement.
Key points and provisions
- Formal recognition of Coach Gainey’s career as a teacher and coach, including:
- Standout high‑school player for Hartsville Red Fox baseball and football (1979–1983) with two state championships as a player.
- Coaching timeline: assistant coach beginning in 2001; head coach since 2009 (text notes “the last eighteen” years).
- Team accomplishments: several regional titles (including five consecutive), three lower-state titles, and an overall coaching record of 269–128 at the start of the 2025 season.
- The resolution recounts notable moments (first win vs. Blythewood HS, hosting Southeastern Baseball Classic tournaments, travel tournaments) and emphasizes Coach Gainey’s relationships with players and other coaches.
- Procedural outcome: the resolution directs that a copy be presented to Coach Tony Gainey.
Who is affected
- Primarily an honorary measure recognizing Coach Gainey, Hartsville High School, past and current players, and the local community. No regulatory or fiscal effects.
Timeline/Procedure
- Adopted by the South Carolina House of Representatives on April 1, 2025 (ceremonial/expressive action).
Status: Filed 07/07/2025; committee report and actions 07/23/2025 (Consumer Protection & Professional Licensure)
Purpose and intent
- To strengthen consumer protections for health‑club (fitness) membership contracts, increase transparency, and provide financial safeguards for members if clubs close or fail to honor contracts.
Key provisions (from provided text; bill is partially truncated)
- Definitions added:
- “Automatic renewal” and “Automatic renewal offer terms” — requires disclosure of renewal terms, cancellation requirements, recurring charges and any change in charge, term length, and minimum purchase obligations.
- “Continuous service” — service that continues until the consumer cancels.
- Disclosure and transparency:
- Health clubs must clearly post membership categories and associated costs (including discounts, new‑member fees, etc.) at each location.
- Financial protection (bond requirement):
- Sellers of health‑club contracts must maintain a surety bond per location, sized by membership:
- $25,000 for locations with ≤150 members
- $50,000 for ≤300 members
- $75,000 for ≤750 members
- $150,000 for >750 members
- Bonds held for benefit of the Commonwealth for buyers who suffer loss if a facility ceases operations, fails to open, or fails to honor cancellation rights. Claims generally must be reported within one year of the act/omission. Copies of bonds must be filed with the Office of Consumer Affairs and Business Regulation (OCABR) initially and annually.
- Registration and closure notification:
- Locations offering contracts for more than three months must register with OCABR at least 30 days before offering/advertising contracts.
- Registered clubs must notify OCABR within 14 days of permanent closure; OCABR must notify the Attorney General within five business days and supply bond information.
- Contract limitations (partial text):
- Prohibits contract provisions that waive buyer claims or defenses; restricts assignment without prior informed written consent; bars structures that eliminate buyer defenses via promissory note negotiation. (Provision text is truncated; bill likely contains further consumer-protection rules.)
Who is affected
- Consumers who buy multi‑month health‑club memberships in Massachusetts.
- Health‑club operators in Massachusetts — compliance costs (bonding, registration, disclosures), potential operational changes to contract terms and assignment practices.
- State regulatory offices (OCABR, Attorney General) — new registration and enforcement duties.
Procedural/timeline notes
- Filed in the Massachusetts House (House No. 4274) on 07/07/2025.
- Committee on Consumer Protection and Professional Licensure reported favorably and recommended passage on 07/23/2025; referred to House Ways and Means the same day.
- The text provided is partial/truncated; subsequent committee reports, amendments, or fiscal notes may follow.
If you want, I can:
- Produce a side‑by‑side comparison of the two measures’ timelines and jurisdictions, or
- Track subsequent actions or locate the full Massachusetts bill text to summarize remaining provisions.
Compiled from official sources — confirm details with the bill’s official record.
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