A certificate holder may apply for an exemption under Section 702.201 if:
(1) the certificate holder does not require, or solicit or offer a plan or program that requires, a health spa consumer to:
(A) execute a membership contract for a term that exceeds 31 days;
(B) execute a note or retail installment contract;
(C) authorize a draw or other recurring debit on a financial institution in favor of the certificate holder or the certificate holder's assignee;
(D) pay an initiation fee or other fee, not including monthly dues; or
(E) prepay for a term that exceeds 31 days; or
(2) the certificate holder submits a sworn statement every three years with the secretary of state stating that the certificate holder:
(A) has assets based on net book value that exceed $50,000 per registered location;
(B) has operated under substantially the same ownership or management for at least five years; and
(C) has not been the subject of a complaint relating to the closing of a health spa owned by the certificate holder or the failure of a health spa owned by the certificate holder to open that has been initiated or filed by a member of the health spa with a governmental authority in this state.