Cancelling a gym membership in New York: your rights under the Health Club Services Act

What is it?

Article 30 of the New York General Business Law, often called the Health Club Services Act, regulates contracts for fitness instruction, training or facilities, and memberships in clubs that offer them (§ 621(1)). It caps what clubs can charge and for how long, gives you several rights to cancel, and makes any contract that breaks these rules void and unenforceable (§ 627(1)). You can't waive these protections — a waiver in the contract is void (§ 627(2)).

Who qualifies?

Anyone who signs a contract for services with a health club — a business offering facilities or training for physical fitness, including gyms, health spas, figure salons, martial arts schools and tennis or racquetball clubs (§ 621(2), (5)).

• Within 3 business days after you receive a copy of the written contract: anyone, for any reason (§ 624(2)).
• Later, if a doctor's order says you can't use the services because of a significant physical disability lasting more than three months (§ 624(3)).
• Later, if you move your home more than 25 miles from any club the seller operates (§ 624(3)).
• Later, if the services are no longer available, or substantially available, because the club closed for good or substantially changed its operation (§ 624(3)).
• Your estate, if you die (§ 624(3)).
• If you signed up at a club that wasn't open yet and it isn't available within one year, you can void the contract (§ 624(1)).

Exceptions

• Clubs organized as not-for-profit corporations are outside the Act (§ 621(1)(a)).
• Also excluded: school and college programs, vocational training, tennis lessons of 8 weeks or less costing $250 or less, and seasonal use of tennis facilities (§ 621(1)(e)–(h)).
• Outside the 3-day window, the Act doesn't give a general right to quit a fixed-term contract just because you changed your mind — only the listed reasons, the renewal windows, or whatever extra reasons your contract allows (§ 624(3)(a)).

How much?

If you cancel within the 3-business-day window, all money you paid must be refunded within 10 business days of the club receiving your notice, and any loan or credit paperwork you signed must be returned (§ 624(2)).

If you cancel later for one of the listed reasons, the club must refund within 10 business days, but it may keep its expenses and the part of the price for services you already used, and charge the reasonable cost of goods or services you consumed or want to keep. It can never demand more than the full contract price (§ 624(3)(c)).

How is it calculated?

For a 3-day cancellation, the refund is simply everything you paid. For a later cancellation, take what you paid, subtract the value of the months or sessions you actually used and any items you keep, and the rest should come back to you. Ask the club to show how it calculated any amount it keeps.

What documents do you need?

• Your contract — it must contain the cancellation notices in bold type (§ 624(2), (3)(b)).
• For a 3-day cancellation: the contract forms, membership cards and other membership documents, which you send back with your notice (§ 624(2)).
• For disability: a doctor's order. For a move: proof of your new address, such as a lease or utility bill. The club may ask for reasonable evidence (§ 624(3)(a)).
• Proof of every payment, and a copy of your cancellation notice with proof of when you sent it.

How do you get it?

1. 1

   Write a short cancellation notice

   Give your name, membership number and the date, say you are cancelling, and cite the reason if it is a later cancellation. Keep a copy.

2. 2

   Send it the right way

   For the 3-day right, send it by U.S. mail or e-mail to the address in the contract (§ 624(2)). For other cancellations, the club must accept notice by website, e-mail, phone, mail or in person; if you joined online, it must also accept cancellation through its website (§ 624(4)(c)–(d)).

3. 3

   Expect confirmation within 3 business days

   The club must accept your cancellation no later than three business days after receiving notice (§ 624(4)(a)).

4. 4

   Watch for the refund

   Refunds are due within 10 business days of the club receiving your notice (§ 624(2), (3)(c)).

What if they refuse?

Point the club to the section that applies and send your notice again in writing. If it keeps charging you, a contract that doesn't comply with the Act is void and unenforceable (§ 627). You can sue for damages caused by a violation — a court can award up to three times your actual damages plus reasonable attorney's fees (§ 628) — and small claims court is an option for most gym disputes. You can also complain to the Attorney General, which enforces the Act (§ 630). If charges continue on a credit card after you cancelled, contact your card issuer promptly.

Deadlines

• 3 business days after you receive a copy of the contract, for the no-reason cancellation (§ 624(2)).
• Annual contracts: cancel a renewal within 15 business days after it takes effect (§ 624(4)(b)).
• Monthly contracts: cancel a renewal within 3 business days after it takes effect (§ 624(4)(b)). The Attorney General explains that a later request takes effect the next month.
• The club must accept cancellation within 3 business days and refund within 10 business days (§ 624(2), (3)(c), (4)(a)).

Limits on gym contracts

• No more than $3,600 a year (except contracts only for tennis, platform tennis or racquetball facilities) (§ 623(1)).
• No term longer than 36 months, no payments stretched over more than 37 months, and no lifetime contracts (§ 623(2)).
• The club can't transfer your contract to another club at a different location without your written consent (§ 623(5)).

Frequently asked questions

Official sources

This page was written from the sources below. “Checked” is the date the source was last opened and read.

• N.Y. General Business Law (opens in a new tab)
  New York State Senate — Open Legislation (official text of the Consolidated Laws) · §§ 620–631 (esp. § 621, § 623, § 624, § 627, § 628, § 630) · Checked: October 30, 2026
  Who is covered, contract limits, cancellation rights and methods, refunds, void contracts, damages
• Health clubs and gyms — NY Attorney General (opens in a new tab)
  Office of the New York State Attorney General · Checked: October 30, 2026
  Attorney General's explanation of the Act, renewal cancellations and club bonding
• File a complaint: Consumer issues — NY Attorney General (opens in a new tab)
  Office of the New York State Attorney General · Checked: October 30, 2026
  Complaints about health clubs

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