Consumers should be aware that they have some important rights
when dealing with health clubs. Under New York State Law, most health
clubs, spas, racquetball, year round tennis clubs, or similar physical
training facilities must comply with certain contract and cancellation
policies.
Health club contracts:
-
cannot charge over $3,600 (excluding tennis and racquetball facilities);
- cannot be for longer than 36 months;
- cannot be for the life of the buyer;
- cannot require you to waive your rights against the club.
Health club contracts must include a notice allowing customers to
cancel within three business days of signing the penalty. You may
cancel by sending a certified or registered letter to the address
indicated in the contract.
You can cancel your health club contract up to three days of the signing of the contract without penalty:
-
if you move beyond 25 miles from the health club’s facilities;
- if a doctor’s order says you are significantly physically disabled and you cannot use the club for more than six months;
- if the services offered in the contract are permanently discontinued or significantly changed
Health clubs must provide refunds within 15 days of cancellation. They
cannot misrepresent their facilities or services. Nor can they transfer
your contract to another club located off premises without your
permission.
Health clubs that offer pre-paid memberships must file a bond with the
Secretary of State so that customers can get a refund in case the club
goes out of business. Notice of this bond must be included in all their
contracts and posted in their club. Exceptions include, payments that
do not exceed $150, memberships that do not exceed one year, and
contracts that do not contain an automatic renewal provision.
To check if a club is bonded, you may call or write to:
New York State Department of State
Division of Licensing Services
84 Holland Avenue
Albany, NY 12208
(518) 474-4429
