Health Clubs
Before
choosing a health club, consider these tips:
- Shop around. Find a club that is
convenient for you to access and will meet your needs.
- Visit a club at the time you would
normally be using the facility. This will help you to determine how busy
the club will be when you will most likely be using it.
- Make sure the club offers the type of
equipment and/or classes that you desire.
- Check for cleanliness and properly
maintained equipment.
- Ask about the qualifications of the
instructors.
- Talk to other members. Some clubs may
seem intimidating to beginners, so make sure the atmosphere of the club
feels comfortable to you.
When
you have decided on a club, consider this advice:
- Check with the Better Business Bureau
to find out whether complaints have been filed against the company.
- Don't be pressured into signing a
contract right away; take a copy home and read it carefully.
- Find out if the contract contains a
refund policy. For example, if you move, become disabled or just want to
stop using the facility, can you get a refund or get out of your contract?
This question is especially important if you choose a long-term
membership.
- Ask if the contract contains a
"cooling-off" period.
- Determine the monthly fees and decide
if joining will be a wise investment.
- Don't be afraid to ask questions. The
more you know about what you are about to sign, the better off you will be
in the long run.
According
to the New York State Attorney General, state law requires that most health
clubs post a performance bond to protect their members against breaches of
contract. Specifically, the law requires bonds in the following denominations:
$50,000 for health clubs that sell contracts for no more than 12 months;
$75,000 for health clubs that sell contracts of one to two years; and $150,000
for health clubs that sell contracts of two to three years.
Health clubs
with multiple locations are required to post additional amounts up to $200,000;
however, clubs that don't offer memberships worth more than $150 are exempted
from this requirement. As well, health clubs requiring longer term commitments
may be exempt if: monthly dues do not exceed $150; paid-in-full fees are not
discounted by more than ten percent; memberships do not exceed one year; and
the contract doesn't contain an automatic renewal provision.
New York State
Health Club Services Law covers contracts for instruction or training in
bodybuilding, exercising, weight reduction and figure development, martial arts
(including judo, karate and self-defense), or other types of physical training
and contracts for health and sports spas and tennis and racquetball clubs.
Specifically, this law provides the following protections:
- Limits health club contracts to
$3,600 per year (excluding tennis and racquet ball facilities) and to
terms no longer than 36 months;
- Provides consumers with a three-day
right to cancel the contract after signing;
- Provides the right to cancel a
contract at any time for any of the following reasons: if the health club ceases
to offer the services stated in the contract; if the consumer moves 25
miles from any health club operated by the seller; or if upon a doctor's
order, the consumer cannot receive the services as stated in the contract
because of significant physical disability for a period in excess of six
months;
- Requires health clubs to provide
refunds within 15 days of cancellation; and
- Provides aggrieved consumers the
right to sue in small claims court and receive an amount of not more than
three times the actual damages plus reasonable attorney's fees.
For more information, contact:
Better Business Bureau
www.bbb.org
Federal Trade Commission (FTC)
(877) 382-4357
www.ftc.gov
New York State Attorney General
(800) 771-7755
www.oag.state.ny.us
New York State Department of
State
Division of Licensing Services
84 Holland Avenue
Albany, New York 12208
(518) 474-4429
www.dos.state.ny.us
This report is general in nature and is not intended as a reliability
report on any company, service or product.