A majority of New Yorkers utilize Health Club and Spa services for their physical fitness needs. Health Club memberships range in price and, so it is important that consumers know what their rights are under these contracts. New York defines a "Health club" as any person, firm, corporation, partnership, unincorporated association, or other business enterprise offering instruction, training or assistance or the facilities for the preservation, maintenance, encouragement or development of physical fitness or well being. The term includes but is not limited to health spas, sports, tennis, racquet ball, platform tennis and health clubs, figure salons, health studios, gymnasiums, weight control studios, martial arts and self-defense schools or any other similar course of physical training.

Before You Choose a Health Club

Visit and tour the Club during the hours you would normally use it. Check out the equipment and services available. This will help you gauge how crowded the club is when you will likely be there.
Inquire about fees and payment plans. Find out if there are any trial memberships available. A trial membership will provide you with time to ascertain if you want to make a financial commitment to this facility.
Ask about their staff, qualifications and experience. Many health clubs offer personal training packages to their members for a fee. You should ask whether or not they are certified and by whom. For more information on this topic, see Personal Trainers.
Do not be pressured into signing a contract when you meet with the sales representative. Allow yourself time to compare the prices and benefits of different clubs before deciding.

Signing Membership Contracts

Make sure you are clear as to what type of membership to which you are agreeing. Some of the differences in the membership relate to the days and times you are allowed to use the facility. Make sure the agreement you are signing is reflective of your needs.
The maximum amount of money a health club can charge you per year for receiving service or the use of the facilities is $3,600. This does not apply to contracts relating solely to the use of tennis, platform tennis or racquet ball facilities. ¹
The maximum allowable time period for a health club contract is 36 months. ²
You have 30 days after the expiration of the 36 months to renew your contract. ³

What Should My Health Club Contract Contain?

Every contract for services shall provide that such agreement may be cancelled by the consumer within three business days of receiving the written document. All contracts should include the following language, "CONSUMERS RIGHT TO CANCELLATION. YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR FURTHER OBLIGATION WITHIN THREE (3) DAYS FROM THIS DATE ..." ⁴
Health club contracts may not contain any provisions whereby the buyer agrees not to assert against the seller of the health club services contract any claim or defense arising out of the contract. If you get hurt at the health club you may be able to make a claim against them. You should consult with an attorney to determine if legal action is appropriate. ⁵

Cancelling Membership Contracts

Every contract for services at a prospective health club or one under construction can be cancelled by the buyer if the health club and the services to be provided are not available within one year from the date the contract is signed. ⁶

If the health club goes out of business you are entitled to a refund of the money paid to them for services not used. For example, if you have prepaid for a 6 month membership and the health club goes out of business 4 months later, you are entitled to a refund for the 2 months you have not used.⁷

A consumer can cancel a health club contract under the following circumstances ⁸ :

If he or she becomes significantly physically disabled for a period in excess of six months.
If he or she moves their residence to a location more than twenty-five miles away from a club operated by the seller.
If the services are no longer available or substantially available as provided in the contract because of the seller's permanent discontinuance of operation or substantial change in operation.

All moneys paid pursuant to such contract cancelled for the reasons mentioned above must be refunded within 15 days of receipt of such notice of cancellation. The seller may retain the expenses incurred and the portion of the total price representing the services used or completed. Further, the seller may demand the reasonable cost of goods and services which the buyer has consumed or wishes to retain after cancellation of the contract.

To cancel the contract, you must give notice of cancellation in writing and mail it to the Health Club Owner or designee by registered or certified United States mail.

Choosing a Personal Trainer

Listed below are two of many organizations that certify personal trainers. These organizations also provide information about the services that personal trainers provide as well as general health and fitness.

American College of Sports Medicine
Street Address
401 West Michigan Street
Indianapolis, IN 46202-3233
Mailing Address
P.O. Box 1440
Indianapolis, IN 46206-1440
Telephone (317) 637-9200
Fax (317) 634-7817

American Council on Exercise (ACE)
4851 Paramount Drive
San Diego, California 92123
Phone: 1-858-279-8227
Toll-Free: 1-888-825-3636
Fax: 1-858-576-6564

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