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Kentucky bonds

Kentucky — Anytime Fitness Franchise Health Club Bond

The Kentucky Anytime Fitness Franchise Health Club Bond is a surety bond required by state statute for fitness centers that do not meet specific billing exemptions. This bond serves as financial protection for your members, ensuring funds are available for compensation if your facility faces insolvency, ceases operations, or fails to open as scheduled.

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Recorded state
Kentucky
Bond type
Health Club / Fitness Center Bond
Category
Healthcare & fitness

What this bond does

The primary purpose of this bond is to safeguard consumer prepayments. Under KRS 367.906, it provides a mechanism for the Attorney General's Office of Consumer Protection to reimburse members if the health club fails to deliver promised services or goes out of business after collecting membership fees.

Who needs it
This bond is intended for owners and operators of Anytime Fitness franchise locations in Kentucky who collect initiation fees or bill members more than 31 days in advance. If your business model requires prepayments or long-term contract billing, you must secure this bond to maintain compliance with state health spa regulations.
Who it protects
This is a third-party surety bond issued in favor of the Kentucky Attorney General's Office of Consumer Protection. It does not protect the fitness club itself but rather acts as a liability guarantee for the club's members against specific financial losses, such as the cessation of operations or business failure.

Your bond option

This is the option on record for this bond.

The bond amount describes the limit of the bond obligation, not the price. A listed amount does not establish what the requesting party requires. The premium is what you pay and must be confirmed for the actual option. An E&O limit, where listed, is separate errors and omissions insurance.

Understanding Compliance and Exemptions

Kentucky law requires health clubs to maintain a surety bond unless they qualify for specific exemptions. You are exempt from this requirement only if your club charges no initiation or nonrecurring fees and does not bill members for services more than 31 days in advance.

If you do not meet these exemption criteria, you must file a bond in the form prescribed by the Attorney General's Office. Maintaining this bond is a legal condition for selling contracts that fall outside the defined billing or fee limitations.

Determining Your Required Bond Amount

The required bond amount is scaled based on your total number of unexpired member contracts. Facilities with 150 or fewer contracts must carry a $10,000 bond, while those with 151 to 300 contracts require $25,000 in coverage.

If your club exceeds 300 unexpired contracts, the bond amount increases to $50,000. You are responsible for monitoring your membership volume and must notify the Office of Consumer Protection at least 30 days before increasing your bond amount due to membership growth.

Managing Ownership and Liability

A change in ownership does not automatically terminate liability under an existing bond. The previous bond remains active until the Attorney General's Office provides written consent for cancellation, usually contingent upon the new owner filing a replacement bond or proof that all refunds have been issued.

Ensure that all transitions of business ownership include documentation of these surety requirements to prevent gaps in coverage. Failure to maintain an active bond while continuing to operate and sell contracts can result in regulatory penalties and non-compliance with Kentucky statutes.

Sources

Have these ready

  1. Verify the total number of unexpired membership contracts currently active at your facility.
  2. Review your current billing structure to confirm if you qualify for the statutory bonding exemption regarding initiation fees and 31-day billing limits.
  3. Identify the authorized surety company that can issue a bond in the form prescribed by the Kentucky Attorney General's Office.
  4. Prepare a formal notification for the Office of Consumer Protection if your membership growth necessitates a move to a higher bond tier.

Questions about this bond

When does my Kentucky health club need this bond?

You need this bond if you collect initiation fees or bill members more than 31 days in advance of service delivery, as established by KRS 367.906.

How is the bond amount calculated?

The amount is determined by the number of unexpired contracts: $10,000 for 150 or fewer, $25,000 for 151-300, and $50,000 for 301 or more.

What happens if I sell my Anytime Fitness franchise?

Liability under the existing bond continues until the Attorney General's Office approves the termination in writing, which typically requires a new bond from the incoming owner.

Who is the protected party under this bond?

The bond is held in favor of the Kentucky Attorney General's Office of Consumer Protection for the benefit of your members.

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