On Thursday, Attorney General Schneiderman announced settlements with 96 health club operators across New York State.
The settlement agreements stem from an investigation by the Attorney General’s Office that revealed widespread violations of the law, including failure to make required disclosures to consumers, and compliance with obligations required of health clubs under state law and inclusion of unenforceable release and/or waiver of liability provisions in their contracts.
The 96 operators have signed “Assurances of Discontinuance” agreeing to modify their contracts to comply with New York State laws and to pay penalties and fines.
New York State’s Health Club Law provides consumers with certain protections, including that no health club contract can exceed $3,600 a year or be for a term longer than 36 months.
In addition, all health club contracts are cancelable within three days of the signing of the contract, and 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
- 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.
Such notices must appear on all health club contracts. The health club must provide refunds within 15 days of such cancelation.
19 Rochester area health clubs are included in the list of health clubs that have reached settlements, including:
- Anytime Fitness, 515 Sampson Drive Macedon, NY 14502
- Avon Martial Arts Academy 257 E. Main St. Avon, NY 14414
- Balance Fitness & Yoga 7 West Main Street Webster, NY
- Gold’s Gym 855 Publisher’s Parkway Webster, NY
- Gold’s Gym 100 Village Landing Fairport, NY
- Gymnastics Training Center of Rochester, Inc 2051 Fairport Nine Mile Point Rd Penfield, NY
- JSK Fit, Inc. d/b/a Spunk! Fitness 175 West Shore Boulevard Newark, NY
- Kuk Sool Won 4081 Ridge Road Williamson, NY
- LA Fitness (multiple locations) 1867 W Ridge Road Greece, NY
- Master Kim’s Taekwondo Institute, Inc. 3042 Ridge Road West Rochester, NY
- Maximum Fitness 1163 Route 5 & 20 Waterloo, NY
- Power Train Sports & Fitness 880 Elmgrove Road Rochester, NY
- Prana Yoga 55 South Main Street Fairport, NY
- RAC for Women Inc, 1559 Ridge Road West Rochester, NY
- Roc Boxing and Fitness Center 524 Atlantic Avenue Rochester, NY
- Rochester Kung Fu & Fitness 2496 West Ridge Road Rochester, NY
- Shogun Martial Arts 2231 Empire Boulevard Webster, NY
- Snap Fitness 3892 Scottsville Road Scottsville, NY
- TSE Fitness 880 Elmgrove Road Rochester, NY
- USA Master’s Academy 4340 Recreation Drive Canandaigua, NY
- Young Bae Kim’s Taekwondo, Inc. 2255 E Ridge Road
The Attorney General’s investigation into health clubs’ compliance with state law remains ongoing.