Terms of MayCenter AnnualMembership

(Twelve month commitment, followed by continuous monthly dues)

I understand that, subject to the cancellation rights described in Paragraph’s 1 & 2, my membership is for a minimum of 12 months. I understand that I may cancel my membership 30 days prior to the first anniversary of the contract start date. If I do not cancel my membership it will continue month to month until I cancel it by giving 92Y MayCenter for Health, Fitness & Sport 30 day’s written notice prior to our next billing date (1st of the month).

  1. CONSUMER’S RIGHT TO CANCELLATION. YOU MAY CANCEL THIS AGREEMENT WITHOUT ANY PENALTY OR FURTHER OBLIGATION WITHIN FOURTEEN (14) DAYS FROM THE DATE OF THIS AGREEMENT. Notice of cancellation shall be in writing subscribed by the Member and mailed by registered or certified United States mail to the 92nd Street Y May Center for Health, Fitness & Sport, herein designated as 92Y, 1395 Lexington Avenue, New York, NY 10128. Such notice shall be accompanied by this Agreement, Membership cards and any other documents or evidence of Membership previously delivered to the Member. All monies paid pursuant to this Agreement shall be refunded within fifteen business days of receipt of such notice of cancellation. If the Member has executed any credit or loan Agreement to pay for all or part of Memberships, any such negotiable instruments executed by the Member shall also be returned within fifteen days.
  1. ADDITIONAL RIGHTS OF CANCELLATION: In addition to Consumer’s right to cancellation as set forth In Paragraph 1 above, Member may also cancel this Agreement within the initial twelve month period for any of the following reasons: (i) If upon a doctor’s order, Member cannot physically receive the services because of significant physical disability for a period in excess of six months; (ii) If Member dies, his or her estate shall be relieved of any further obligation for payment under this Agreement not then due and owing; (iii) If Member moves his or her permanent residence more than twenty-five (25) miles from 92Y; (iv) If the services cease to be offered in a substantial or material way as stated in this Agreement. Except to the extent that the Member shall be in default, all money paid pursuant to this Agreement if canceled for the reasons contained in this subdivision shall be refunded to Member within fifteen days of 92Y’s receipt of such notice of cancellation; provided, however, 92Y may (i) require reasonable evidence for cancellation pursuant to the above reasons; (ii) retain the expenses incurred and the portion of the total price representing the services used or completed; (iii) may demand the reasonable cost of goods and services which the Member has consumed or wishes to retain after cancellation of the Agreement; and (iv) may deduct a $50 (fifty dollar) refund processing fee. In no instance shall 92Y demand more than the Total Membership Price from the Member. If the Member has executed any credit or loan Agreements to pay for all or part of health and fitness center services, any such negotiable instruments executed by the Member shall also be returned within fifteen business days. If Member cancels this Agreement pursuant to the Paragraph 2 (i) (doctor’s order) or this Paragraph 2 (iii) (change of residence), Member will provide 92Y with written substantiation of such grounds for cancellation.
  1. PURCHASE OF MEMBERSHIP: 92Y agrees to sell and Member agrees to purchase on the terms and conditions set forth in this agreement a Membership at the 92Y MayCenter for Health, Fitness & Sport (“Membership”). 92Y in its absolute discretion shall reserve the right to refuse to sell or maintain a Membership to any applicant. 92Y does not discriminate against any applicant or Member on the basis of race, religion, national origin, marital status, age (providing the applicant is of legal age and has the capacity to enter into a binding legal contract), sex, sexual orientation, disability, or any other prohibited basis.
  1. MEMBERSHIP: The Member hereby agrees to purchase a Membership as described under the Terms of Membership. The Member shall be the sole owner of the Membership. The Membership is non-transferable. The Membership shall entitle the Member to the use of the appropriate facilities at times provided by the type of Membership purchased, as described on the “Membership Options Card” which is part of this agreement.
  1. NON-RECOUPMENT OF REGISTRATION FEE: Member understands and agrees that the Registration Fee paid by Member represents 92Y’s actual cost for (i) processing the Membership, including computer programming charges and ID card issuance; (ii) new Member orientation, including individual instruction and programming; and (iii) distribution of instructional and educational material. If Member cancels this Agreement after the fourteenth day of Membership, Member will not be entitled to a refund of any portion of the Registration Fee.
  1. STANDARDS OF ACCEPTABLE BEHAVIOR: This Agreement is subject to the Standards of Acceptable Behavior established by 92Y, which is included with this Agreement and posted on our website. The Member understands that 92Y reserves the right to make reasonable standards of acceptable behavior for the operation of 92Y and that standards of acceptable behavior may be changed or amended by 92Y in its sole discretion from time to time without notice. Member agrees to abide by all rules and regulations promulgated by 92Y whether written or communicated orally. Failure to abide by the Standards of Acceptable Behavior may result in Membership suspension and/or termination.
  1. 92Y’S RIGHT TO SUSPEND OR CANCEL MEMBERSHIP: Member has been informed and understands that 92Y may suspend or cancel the Membership without refund in the event of (i) Member’s substantial breach of any of the provisions of this Agreement or of 92Y’s Standards of Acceptable Behavior (which has been provided to Member and Member acknowledges receiving); (ii) Member’s generally undesirable behavior, which shall be determined by 92Y in its sole discretion; or (iii) 92Y’s decision, in its sole and absolute discretion to terminate the membership.
  1. ADDITIONAL FEES: In addition to the Total Membership Price, Member shall also pay additional fees for towels (except where included in Membership), massage, lockers/overnight storage units, courses, consultations, certain classes, programs and services and for the use of certain facilities. 92Y reserves the right to increase the fees for the services described in this Paragraph and to include charges for other items which the 92Y may provide. Fees may be increased at any time without notice.
  1. LATE CHARGES: Any payment not paid in full within five (5) days after its due date shall be subject to a $10.00 late charge and shall automatically cause the total unpaid balance owed by Member to become immediately due and payable without further notice or demand. No more than one late charge may be collected on any one overdue payment regardless of the period of time the payment remains due and owing. This paragraph shall not abridge those rights of Member contained in Paragraph 1 and 2.
  1. MEDICAL DISCLAIMER: 92Y urges all Members to obtain a physical examination from their physician prior to engaging in any physical activity at 92Y. In recognition of the possible dangers connected with any physical activity, Member hereby knowingly and voluntarily waives any right or cause of action of any kind whatsoever arising as the result of such activity from which any liability may or could accrue to 92Y, its agents, officers, directors, employees or instructors.
  1. NO CLAIMS BY 92Y AS TO MEDICAL RESULTS TO MEMBERS: Member understands that 92Y has made no claims as to medical results which Member might obtain through the use of 92Y and that 92Y has not and will not suggest any medical treatment(s) to Member. Member represents to 92Y that Member does not have any medical or physical condition which would prevent or preclude Member from utilizing all or any of 92Y’s facilities and that Member has not been instructed or advised by any physician not to use any of 92Y’s facilities. PLEASE TAKE NOTE THAT IF MEMBER HAS ANY CHRONIC PHYSICAL DISABILITY OR MEDICAL CONDITION MEMBER MAY BE AT RISK IN USING 92Y’S FACILITIES.
  1. MEMBER’S RESPONSIBILITY AS TO USE OF FACILITIES: Member should consult with his or her physician before using 92Y’s services and facilities. Member may be required to produce a physician’s waiver to participate in physical activity at 92Y. Member should understand and acknowledge that 92Y has no expertise in diagnosing, examining or treating any medical conditions. Member will not use the facilities with any medical condition, including open cuts, abrasions, sores, infections, maladies or inability to maintain personal hygiene, if such condition poses a threat to public health or safety of Member or others and Member agrees to use the facilities in accordance with all applicable public health requirements. It is Member’s responsibility to consult a physician to determine if any of these medical conditions exist and, if so, whether such condition poses a direct threat to the health or safety of Member or others. Member represents that he or she has taken all reasonable actions to determine whether they suffer from any such condition and that, in fact, Member does not suffer from same. 92Y reserves the right however, to make the final determination in this regard in its sole discretion.
  1. MEMBER’S ASSUMPTION OF RISK: Member is aware that the use of 92Y’s facilities involves certain risk of injury and Member expressly assumes the risk and responsibility for any and all accidents, injuries of any kind and/or physical condition which may require medical attention which Member may sustain by reason of Member’s physical exercise and use of the 92Y’s facilities. Member hereby releases, discharges and absolves 92Y, its agents, officers, directors, employees and instructors, from any and all liability, loss, costs or expense (including attorneys fees and disbursements) incurred by Member as a result of any accident, injury and/or physical condition which may require medical attention except to the extent that same is caused by or results from the gross negligence or willful misconduct of 92Y, its agents, officers, directors, employees or instructors.
  1. INABILITY OF 92Y TO PERFORM: Member may not cancel his or her membership or request time credit for a period of unavailability of facilities or equipment based on the malfunctioning of any equipment and/or facilities at 92Y.
  1. VALUABLES AND PERSONAL PROPERTY: Members are urged not to bring valuables to 92Y. Member agrees that 92Y will not be liable for the loss or theft of, or damage to, the personal property of members or guests.
  1. PERSONAL TRAINING: Personal Training is provided exclusively by employees or contractors of 92Y. Members or Member’s guests may not provide personal training services or solicit clients at 92Y.
  1. TOWELS: Towels will be available to Members and Member’s guests only for use at 92Y. Members may not take any towels from 92Y. If 92Y experiences a towel loss which is considered unacceptable, it reserves the right to terminate towel service, institute a towel fee or control the use of towels.
  1. MISCELLANEOUS PROVISIONS: A waiver by either 92Y or Member of any term or condition of this Agreement in a particular instance shall not be considered a waiver of such term or condition for the future or of any other term, condition of provision of this Agreement. Member understands that this Agreement and the Standards of Acceptable Behavior represent the entire Agreement between Member and 92Y; that this Agreement may not be changed, amended (subject to Sections 6 and 8) or any provision waived, except by a written document signed by Member and an authorized official of 92Y and that 92Y has made no representation to Member other than those expressly contained in this Agreement. In this connection, it is understood and agreed that employees and agents of 92Y are not authorized to make any change in this Agreement, except as provided herein, or to make independent Agreement or arrangements with Member. If any provision of this Agreement shall be held void or unenforceable, the remaining provisions shall continue in full force and effect.
  1. TIME FREEZE PRIVILEGES: Member may temporarily suspend any Membership the term of which lasts for twelve months or more (referred to in this Agreement as a “Time Freeze”) once during each Membership year for a period of not less than one (1) month nor more than six (6) months. Credit is issued in one month increments only. A Time Freeze is effective only upon delivery of Member’s Membership card (the “ID Card”) to the FRONT DESK and written notification to the Membership Services Director. A Time Freeze cannot be requested retroactively. Any payments due from the Member remain payable during the Time Freeze period and the Member’s ID card will not be returned if such payments remain due and owing at the end of the Time Freeze. There is a monthly fee charged for each month of a Time Freeze. No payments for partial months will be accepted. All of the above provisions are in effect for a medical time freeze. A physician’s letter authorizing return to exercise is required prior to resuming activities within the MayCenter. Access to the May Center is prohibited while on a medical time freeze unless a patient of, and under the direct supervision of, an authorized representative of the onsite physical therapy practice, which is unaffiliated with 92Y. Regardless of any time freezes enacted, this agreement necessitates a 12 month commitment. A membership may not be cancelled following a freeze month.
  1. RENEWAL OF MEMBERSHIP:Member understands that following the first anniversary of the contract start date, the membership will automatically roll-over to monthly billing as detailed in the Terms of Payment; unless, member gives 30 days written notice prior to the first payment date. 92Y will give advance notice of your upcoming renewal roll-over date and the option to pre-pay for an additional 12 months at the prevailing rate.