Terms & Conditions
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CONSUMERS RIGHT TO CANCELLATION. YOU MAY CANCEL THIS CONTRACT WITHOUT
PENALTY OR FURTHER OBLIGATION WITHIN SEVEN (7) DAYS FROM THIS DATE.
NOTICE OF CANCELLATION SHALL BE VIA WEBSITE, ELECTRONIC MAIL, TELEPHONE,
UNITED STATES MAIL, OR IN PERSON AS FOLLOWS:
- By Mail to: Chelsea Piers Fitness, Pier 60, New York, NY 10011, Attention: Member Services.
- By website: visit https://fitness.chelseapiers.com/contact-us and submit an online Notice of Cancellation.
- In person: Go to your home club, complete a cancellation form, and submit it to our Membership Engagement Department. This can be done at the front desk with a QR code.
- By phone: Call Chelsea Piers Fitness at (212) 336-6090 to cancel your membership over the telephone. We will respond with a confirmation notice via email or United States mail.
- By email: Send an email to scmemberservices@chelseapiers.com.
- All monies paid pursuant to this Agreement, including initiation fees, shall be refunded within ten (10) business days of receipt of such notice of cancellation. If you have executed a credit agreement to pay for all or part of any Chelsea Piers Fitness services, such agreement executed by you shall also be returned to you within ten (10) business days.
- ADDITIONAL RIGHTS TO CANCELLATION. You may also cancel this contract for any of the following reasons: (1) If upon a doctor’s order, you cannot physically receive the services because of significant physical disability for a period in excess of three (3) months (2) If you die, your estate shall be relieved of any further obligation of payment under this Agreement not then due and owing, (3) If you move your residence more than twenty-five (25) miles from any health club operated by Chelsea Piers Fitness, (4) If the services are no longer available or substantially available as provided in this agreement because of our permanent discontinuance of operation or substantial change in operation. All monies paid pursuant to such contract canceled for the reasons contained herein shall be refunded within ten (10) business days of receipt of such notice of cancellation; provided however that we may retain the expenses incurred and the portion of the total price representing the services used or completed, and further provided that we may demand the reasonable cost of goods and services which you have consumed or wishes to retain after the cancellation of the agreement. In no instance shall we demand more than the full contract price from you. If you have executed any credit or loan agreement to pay for all or part of health club services, any such negotiable instrument shall also be returned within ten (10) business days. Your Notice of Cancellation must be accompanied by the following applicable evidence (1) a doctor’s note of significant physical disability, (2) a death certificate, (3) proof of residence/change of residence. You agree that if you received any free months as an inducement to enter into this Agreement as a result of referring new members or for any other reason (sometimes referred to as “promotional months”), such free/promotional months shall not be considered in computing the amount of any refund to which you shall receive.
- Cancellation after initial 12 month agreement. In addition to your rights of cancellation set forth above, you may cancel your Membership at any time after the 12-month obligation period by notice of cancellation via website, electronic mail, telephone, United States mail, or in person (as provided in 1(a)-(e) above). If such request is timely made within three business days after any month-to-month renewal takes effect (i.e., the 1st of the month), you will have the choice of i) applying the monthly charge collected on the 1st of that month (or your last month’s dues if such monthly charge was not collected) towards the current month and having the cancellation take effect upon the last day of the current month or ii) having cancellation take effect immediately upon notice and receiving a refund of the last month’s dues and any monthly dues collected on the first of such month. If any such request is made more than 3 business days after any month-to-month renewal takes effect (i.e., the 1st of the month) you may elect to i) have the cancellation take effect as of the last day of the month in which your cancellation request is received and receive a refund of the last month’s dues or ii) apply your last month’s dues towards the following month and have the cancellation take effect as of the last day of the following month.
- Pre-Opening agreements. If this agreement is signed before your home club opens, then the initial twelve-month term of this agreement, and your seven-day right of cancellation, will begin when your home club opens. If you cancel a pre-opening agreement within the first seven days after your home club opens, we may deduct from your refund any costs we have incurred in servicing your account prior to the opening of your home club.
- IMPORTANT NOTICE FOR HEALTH CLUB MEMBERS. NEW YORK STATE LAW REQUIRES CERTAIN HEALTH CLUBS TO HAVE A BOND OR OTHER FORM OF FINANCIAL SECURITY TO PROTECT MEMBERS IN THE EVENT THE CLUB CLOSES. WE HAVE POSTED THE FINANCIAL SECURITY REQUIRED BY LAW. YOU MAY ASK A REPRESENTATIVE OF THE CLUB FOR PROOF OF THE CLUB'S COMPLIANCE WITH THIS LAW. YOU MAY ALSO OBTAIN THE INFORMATION FROM THE NEW YORK STATE DEPARTMENT OF STATE, DIVISION OF LICENSING SERVICES, 162 WASHINGTON AVENUE, ALBANY, NEW YORK, 12231.
- Corporate memberships. Memberships that are paid for by a corporate employer are subject to termination at any time by the employer.
- Initiation fee. To cover the expenses incurred in administering the agreement and its cancellation, the Initiation Fee is a one-time, non-refundable fee (except for cancellation pursuant to “Consumers Right to Cancellation”). If there is a lapse in membership, you will be obligated to pay the then-prevailing initiation fee prior to entering a new membership agreement.
- Monthly charges. We generally adjust monthly rates in January, and maintain the monthly rate for the full calendar year. However we reserve the right to adjust rates at any time upon thirty (30) days prior notice. The monthly charge is not based on or related to actual usage of our clubs and you are responsible for the payment of your monthly charges in advance each month in full regardless whether you use our clubs.
- Other charges. In addition to the monthly charges, additional charges may include fees for personal training, spa and/or fitness training sessions, retail apparel and other similar items, and food and beverage items.
- Membership freeze policy. You may freeze your membership for a minimum period of one (1) month and a maximum of three (3) months (“Period of Freeze”) per calendar year. During the Period of Freeze your monthly charge will be reduced to $30.00 per month (plus tax). You must notify our membership office through our online freeze request form or in writing at least three (3) days in advance of the start of the month. Freezes applied within the first 12 months of a membership do not qualify as paid months. As such, the initial 12-month period will be extended by the number of months your membership is on freeze.
- Dishonored check, draft or credit card decline. We may suspend or terminate your membership if your account is in arrears. You agree to pay all costs we incur to enforce collection of unpaid amounts including but not limited to attorneys’ fees and administrative costs. If any check or EFT transfer is not honored, we will assess a service charge and suspend your membership until your balance is paid in full.
- Transfers of membership. Your membership may not be transferred.
- Age restrictions. The minimum age for membership is eighteen (18), unless parental permission and our consent is given and approved by us at our sole discretion.
- Medical condition. Whenever you or any minor children for whom you are responsible use one of our clubs you will be deemed to represent that you and such children are in good health with no disability, impairment or ailment preventing you or such children from engaging in any activity, and that you and such children have no health condition or communicable disease that would make the use of our clubs injurious or dangerous to other users.
- Activity risk: You acknowledge and accept that participation in athletic activities and the use of our clubs involves inherent risks. You (for yourself and any minor children for whom you are responsible and who use our clubs) assume all risks associated with athletic activities and the use of our clubs, including, but not limited to known and unknown risks (a) of all manner of personal injury and fatality, including, but not limited to, risks of bodily injury, personal injury, paralysis, emotional distress, property damage and/or death occurring to you or such children in the course of the use of our clubs; (b) of injuries resulting from the actions or omission of others; (d) arising from your failure to ask for information or assistance. To the fullest extent permitted by law, you waive any claims against us for bodily injury, personal injury, paralysis, emotional distress, property damage and/or death occurring to you or such children in the course of the use of our clubs. You further acknowledge that the above list is not inclusive of all possible risks associated with the use of our clubs. If you see or hear anything that is questionable or dangerous, you will inform one of our employees.
- Right to revoke membership. At our discretion, we may cancel this agreement at any time and for any reason, including if, in our judgment, you or any minor children for whom you are responsible have acted in a manner contrary to the best interests or safety of our members or employees or violate the terms of this agreement. We also reserve the right to require you and any minor children for whom you are responsible to leave our clubs for the day if, in our judgment, you or such children pose a health or safety risk or are disturbing, or appear likely to disturb, other members or our employees.
- Conversion/Upgrade policy. Subject to membership type availability, you may upgrade your membership classification. Any previous initiation fee payment will be applied toward the upgraded membership initiation fee.
- Photo release. You grant us the right to use your photographic likeness (and that of any minor children for whom you are responsible and who use our clubs) for promotional purposes, including, without limitation, for online usage and marketing materials.
- Days of operation. Our clubs will be open approximately 360 days per year with limited hours and/or closures on certain holidays including, but not limited to: Memorial Day, July 4th, Labor Day, Thanksgiving, Christmas and New Year’s Day. Holiday schedules will be posted in advance. Our hours of operation are subject to change. From time to time, a part or the entire facility will be temporarily unavailable during inclement weather, as a result of casualty such as fire or flood, while repairs, renovations or special events take place or until governmental permits or licenses are received. We will make every effort to minimize any disruption to members during these periods.
- Rules and regulations. You agree to abide (and to cause any minor children for whom you are responsible and who use our clubs to abide) with this agreement and with our Member Rules and Regulations. Our current Member Rules and Regulations are attached to this agreement. We may update and revise our Member Rules and Regulations at any time by posting updates or revisions in our clubs and on our website. Our Member Rules and Regulations form a part of this agreement.
- Notice. Except as otherwise required by this agreement or by law, if we are required to provide "notice" and/or "written notice" to you, we may do so by mail and/or email notification to your address/email address set forth at the top of this agreement.
- Dispute resolution and governing law. Any claim, dispute or controversy, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (“Claim”) by you (including any minor children for whom you are responsible and who use our clubs) or us against the other, arising from or relating in any way to (i) this agreement, or (ii) your use of our clubs or the use of our clubs by any minor children for whom you are responsible shall be resolved exclusively and finally by binding arbitration under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) in effect on the date a demand for arbitration is made; provided that any Claim required to be filed in a court by state or federal law shall be outside the scope of this arbitration provision. A copy of the AAA rules may be obtained from the AAA website at www.adr.org or by contacting us. Judgment upon any arbitration award may be entered in any court of competent jurisdiction. All Claims required to be filed in court shall be filed solely in the State of New York, County of your home club. If you commence an action against us and you do not prevail, you will be liable to us for all costs and expenses we incur in the defense of the action, including reasonable attorney’s fees. TO THE EXTENT PERMITTED BY LAW, IN ANY LITIGATION ARISING OUT OF THIS AGREEMENT, YOU AND WE HEREBY WAIVE THE RIGHT TO TRIAL BY JURY. The laws of the State of New York shall govern this agreement without regard to the conflict of law provisions thereof. EACH PARTY WAIVES THE RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM OR DISPUTE AS A CLASS ACTION, EITHER AS A MEMBER OF A CLASS OR AS A REPRESENTATIVE, OR TO ACT AS A PRIVATE ATTORNEY GENERAL. THE CLAIM OR DISPUTE WILL NOT BE CONSOLIDATED WITH ANY OTHER PROCEEDINGS.
- Loss of property. To the extent permitted by law, you agree that we will not be liable for the disappearance, loss or theft of or damage to personal property, including money, negotiable securities and jewelry, that occurs during your use of our clubs (or the use of our clubs by any minor children for whom you are responsible), including bike racks and parking. If notwithstanding such agreement liability for such loss, theft or damage is imposed on us then you agree that in no event shall our liability for disappearance, loss or theft of or damage to any item of personal property exceed the lesser of the actual value of such item or $100.
- Severability; survival. If any portion of this agreement is found to be void or unenforceable, the remaining portion shall remain in full force and effect. The terms of this agreement will survive the termination of this agreement and the completion of your membership.
- Integration; amendment. This agreement contains our full agreement with you regarding your use of our clubs and that of any minor children for whom you are responsible. All prior or contemporaneous discussions or agreements are merged herein. Our employees are not authorized to vary or amend the terms of this agreement. We may amend this agreement by giving you thirty (30) days’ notice of the amendment.
- Independently owned. Chelsea Piers Fitness clubs are independently owned and operated by CPFC OpCo LLC, Chelsea Piers LP, or Chelsea Piers Connecticut LLC. One of the benefits of an All Access membership is that you can use any one of our Chelsea Piers Fitness locations. Your home club handles your membership benefits and billing. This agreement is between you and your home club.
- Definitions. The term “CP”, “Chelsea Piers”, “Chelsea Piers Fitness”, “Chelsea Piers Fitness New York”, “Chelsea Piers Fitness Brooklyn”, “CPCT” and/or “Seller” shall mean your “Home Club”, either “Chelsea Piers L.P.” (NY), “Chelsea Piers Connecticut LLC” or “CPFC OPCO LLC”, and shall include their respective subsidiaries, divisions, and affiliates, and the respective officers, directors, shareholders, agents, employees, representatives, third party vendors, successors and assigns of each such person or entity. The term “Member”, “you” or “Buyer” shall mean the Member, both individually and as parent and/or legal guardian of any child who participates in and/or to whom Activities & Facilities are provided. Depending on your Home Club, the term “Activities & Facilities” shall mean and may include but not be limited to Aerobics, Yoga, Pilates, Cycle, Basketball, Rockwall, Volleyball, Spa, Pool, CP Fitness, and Events together with the respective equipment, locker rooms, showers, pool, whirlpool, sauna, steam room, parking area, or sidewalks, and Members’ participation in any activity, coaching, class, personal training, competition, program, training or instruction, and such other activities and services now or in the future made available.