Terms of Membership

These Terms of Membership apply to memberships with New TSI Holdings, Inc. (“NYSC”). By using an NYSC health and fitness club, you agree to comply with all NYSC rules and regulations, which are available on our website and/or at the club and may change from time to time.

The terms of your membership are also subject to your individual Membership Agreement.

Membership Plans

Month-to-Month Membership

The member agrees to make scheduled payments according to the terms of the Membership Agreement.

A month-to-month agreement may be cancelled at any time with 5 days’ written notice. To help ensure no additional billing occurs, cancellation requests should be submitted at least 5 days before the next billing date.

Cancellation options include:

Online: Visit the NYSC cancellation page.
In person: Visit your club’s front desk during staffed hours.
By phone: Call the applicable club or 888-827-9262.
By email: Contact customercare@abcfitness.com.

The company reserves the right to increase monthly rates upon 30 days’ notice.

Commit / Term Membership

A Commit Membership Agreement has a minimum 12-month commitment period.

After the initial Commitment Period, the membership will continue as a month-to-month membership until cancelled.

If you cancel before your Commitment Period or any renewal thereof expires for reasons other than the permitted cancellation reasons described below, you will be charged a $150 cancellation fee.

After the initial Commitment Period expires, the company reserves the right to increase monthly rates upon 30 days’ notice.

Paid-in-Full or Non-Renewal Membership

Paid-in-full or non-renewal memberships are non-transferable and expire on the term obligation date specified in the Membership Agreement.

Annual Membership Fee

An Annual Membership Fee may apply to your membership. The amount and billing date of your Annual Membership Fee are specified in your individual Membership Agreement.

Consumer Right to Cancel

You may cancel your Membership Agreement without penalty or further obligation within three (3) business days from the date you signed the agreement.

Notice of cancellation must be in writing, subscribed by the buyer, and mailed by United States mail or electronic mail to the seller at the address or email address specified in the applicable form.

The notice must be accompanied by the contract forms, membership card(s), and any other documents or evidence of membership previously delivered to the buyer.

All money paid pursuant to the contract will be refunded within ten business days after receipt of the cancellation notice.

Additional Cancellation Rights

You may also cancel your Membership Agreement for the following reasons:

Upon a doctor’s order, you cannot physically receive the services because of a significant physical disability for a period exceeding three months.
In the event of your death, your estate will be relieved of any further payment obligations under the contract that are not then due and owing.
You move your residence more than 25 miles from any health club operated by the seller.
The services cease to be offered as stated in the contract.

For contracts cancelled for one of these reasons, amounts paid will be refunded within ten business days after receipt of the cancellation notice, subject to the terms and permitted deductions described in the Membership Agreement.

NYSC will accept cancellation of a membership by the buyer or the buyer’s estate, as provided under applicable New York law, no later than three business days after receiving notice of cancellation.

For agreements that renew annually following the initial contract, NYSC will accept cancellation of the renewal if the request is made within fifteen business days after the renewal takes effect.

For agreements that renew monthly following the initial contract, NYSC will accept cancellation of the renewal if the request is made within three business days after the renewal takes effect.

Fees & Payments

Returned Payments

You will automatically be charged any fee imposed on NYSC, plus a processing fee of up to $15, for returned payments resulting from insufficient funds, closed accounts, or similar circumstances.

Annual Fees During a Freeze

Annual Fees will continue to be billed during a membership freeze.

Taxes

Your monthly membership dues may be based on current sales tax rates. If applicable sales tax rates increase during your membership, NYSC may increase your monthly membership dues by the amount of the tax increase.

Membership Rules

Revocation of Membership

NYSC may revoke a membership at its discretion, including when management reasonably determines that a member has acted contrary to the best interests or safety of a club or its members, or when an account has a past-due balance.

A club may also require a member to leave for the day if it believes the member poses a health or safety risk, is disturbing other members or club personnel, or appears likely to do so.

Membership Privileges

Members must follow the individual rules associated with their membership type.

Additional fees may apply when using clubs or services outside the privileges included with the membership.

Membership Freeze

Members may place their membership on hold, or “freeze” it, for any reason at the start of a month.

A freeze must be for a minimum of one month and may continue for up to 12 months.

During the freeze:

Regular monthly dues will not be billed.
The member may not use the club or its programs or services.
Annual Fees will continue to be billed.
Where permitted, a $5 monthly freeze fee will apply.

After the freeze period ends, regular monthly dues will automatically resume.

For memberships with a commitment period, the commitment period will be extended by the length of the freeze.

Temporary Club Closings

From time to time, part or all of a club may be temporarily unavailable because of repairs, renovations, special events, governmental permits or licenses, holidays, or other circumstances.

NYSC will make reasonable efforts to minimize disruptions. Club operating hours may also change from time to time.

Members will receive credits for periods of club closure when required by law or at NYSC’s discretion.

Age Requirement

The minimum age for club membership is 18 unless written permission from a parent or guardian and consent from the club are provided.

Member Health & Safety

Members should consult with a physician or receive a physical examination before using fitness equipment or participating in an exercise program, particularly if they are pregnant, elderly, unaccustomed to physical exertion, have physical limitations, or have a history of high blood pressure, heart problems, or other chronic illness.

Members may not use club facilities, services, or equipment in a manner that endangers themselves or others.

Members are responsible for property damage or personal injury caused by themselves, their family members, or their guests.

Equipment Orientation

Members and their guests should seek instruction from club personnel before using fitness machines, free weights, cardio equipment, or other club facilities and equipment.

Failure to request appropriate instruction means the member assumes the risk of injury associated with misuse of the equipment.

Medical Disclaimer

NYSC does not make claims regarding medical results that may be obtained through use of its facilities, equipment, or services.

NYSC clubs and their personnel do not have the authority or expertise to provide medical treatment or related medical advice.

Activity Risk

Strenuous athletic and physical activities involve inherent risks.

Members acknowledge that risks are associated with the use of health clubs and fitness equipment, including free weights, and agree to exercise appropriate care when using NYSC facilities, equipment, and services.

Personal Property

NYSC clubs are not liable for the disappearance, loss, theft of, or damage to personal property, including money, negotiable securities, or jewelry.

Any club liability for disappearance, loss, theft, or damage will not exceed the lesser of the actual value of the property or $100.

Non-Discrimination

NYSC clubs will not discriminate against any person because of sex, race, creed, age, color, sexual orientation, national origin, or ancestry when considering membership applications or taking other actions relating to club membership.

Use of Photographic Likeness

By signing the Membership Agreement, members grant NYSC the right to use their photographic likeness for promotional purposes, including online use and marketing materials.

Contact Consent

Members affirm that the mailing address, telephone number, cellular telephone number, and email address provided in their Membership Agreement are accurate and were provided voluntarily.

Subject to applicable law, members agree that NYSC and its third-party billing service providers, agents, affiliates, vendors, debt collection agencies, or attorneys may contact them using the contact information provided, including through SMS, automated dialing systems, and/or prerecorded voice messages.

Providing this consent is not required as a condition of purchasing goods or services.

Replying STOP to text alerts will opt the member out of text alerts only.

Arbitration & Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to the Membership Agreement, including disputes concerning its construction, validity, interpretation, enforceability, or breach, will be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, subject to the complete terms contained in the Membership Agreement.

The arbitration will take place in the city and state of the member’s club location, and the law of that state will apply.

Members and NYSC waive the right to a jury trial or a trial before a judge in a public court for disputes subject to the arbitration provision.

Members and NYSC also agree to the class and representative action limitations described in the Membership Agreement.

Electronic Documents & E-Sign Consent

Certain laws and regulations may require NYSC and/or its third-party billing service providers to provide members with written notices and disclosures.

With the member’s consent, these documents may be provided electronically.

Consent applies to disclosures, notices, agreements, statements, terms and conditions, and other information provided in connection with the membership.

Members may request paper copies or withdraw their consent to electronic delivery by contacting the applicable customer service department.

Members are responsible for maintaining a valid email address and appropriate technology necessary to access electronic documents.

Billing Authorization

When a member authorizes recurring electronic payments, the member authorizes NYSC and its billing service provider to charge the credit card or debit card provided, or debit the bank account provided, for amounts owed under the Membership Agreement.

These amounts may include:

Membership dues
Annual fees
Enrollment fees
Service fees
Late fees
Taxes
Purchases
Personal training
Group exercise
Childcare fees
Incidental charges
Other amounts owed under the applicable agreement

Recurring payments will be processed according to the dates or intervals established in the Membership Agreement.

If a scheduled billing date falls on a weekend or holiday, payment may be processed on an upcoming business day.

If an attempted payment is returned unpaid, additional attempts may be made to collect the amount owed, and applicable returned-payment or late fees may apply.

Revoking a payment authorization does not release the member from payment obligations under the Membership Agreement.

Billing Questions

For billing inquiries, contact:

ABC Fitness Solutions
Phone: 1-888-827-9262

ABC Fitness Solutions is NYSC’s billing service provider and is not an owner, operator, affiliate, or subsidiary of the club.