Membership Agreement Guide

This document is attached to your membership agreement to provide you with a quick guide to certain terms of your membership agreement. If you have questions, please contact a member services team member.

1. What you're buying

A Chelsea Piers Fitness membership at the club (or if “All Access” is filled in on your agreement, then at all of our clubs) and at the rate indicated above, billed monthly.

2. Cost & billing frequency

Your card or account on file is charged the applicable monthly rate, starting on your enrollment date. On your enrollment date, we will charge your card or account for two months’ dues, your first month and your last month. If your enrollment date is not the first day of the month, you’ll be charged for a pro rata number of days in your first month and thereafter you’ll be charged on the first day of each month.

3. Cancellation at any time

You may cancel your membership at any time. Once your membership is on a month-to-month basis — either from the start, or after your initial 12-month term ends — if you cancel within the first 3 business days of any month, we will refund you the amount we charged you for that month and the amount of your last month’s dues. If you cancel after that window, you will not be refunded the amount we charged you for that month, but we will refund the amount of your last month’s dues and you will not be charged for any subsequent months. If you sign up for an initial 12-month term and you cancel before the end of the 12-month period, cancellation charges are described in Item 5 below.

4. How to cancel

Cancel anytime through the Chelsea Piers Fitness app, on our website at https://chelseapiers.com/fitness/my-account/membership-cancellation, or by calling us at (212) 336-6090 (if you call to cancel, we’ll send you a form to fill out and return). Your cancellation takes effect as of the date and time we receive your completed request — not the date we process it.

5. Cost of cancelling before your 12-month term ends (12-month initial term members only)

If you cancel before completing your 12-month term, as a cancellation fee you will be charged an amount equal to one additional month of dues and we will retain the amount you paid as your last month's dues. This fee does not apply if you are cancelling because you: are relocating more than 25 miles from any Chelsea Piers Fitness club; have a significant physical disability expected to last more than 3 months; or are deceased (applies to your estate). Reasonable proof may be required (e.g., a new lease or utility bill for relocation, a doctor's note for disability, or a death certificate).

6. After your 12-month term (12-month initial term members only)

At the end of your 12-month term, your membership converts to a month-to-month membership at the rate we offer to new month-to-month members at the time of conversion — with no new 12-month commitment. We will notify you of this rate approximately 20 days in advance of conversion (but no more than 30 days and no less than 5 business days in advance).

7. Notice of price changes

If we increase your rate or otherwise materially change your membership terms, we will notify you by email (using your email address on file with us) approximately 20 days in advance of the effective date of the change (but no more than 30 days and no less than 5 business days in advance).

Please read your membership agreement carefully. This document is only a guide to your agreement and the terms of your agreement govern. The Member Rules and Regulations found on our website also apply to your membership.

MEMBERSHIP AGREEMENT — 12 MONTH INITIAL PERIOD — TERMS AND CONDITIONS

Thank you for joining Chelsea Piers Fitness. We greatly appreciate your membership and our focus is to make sure you always have a great experience at our clubs. This is your membership agreement. Should you ever have any questions please do not hesitate to contact anyone on our membership, hospitality or management teams. In this agreement you, the member, are referred to as “you” or “your” and the applicable Chelsea Piers Fitness club or clubs where you have privileges are referred to as “we”, “us” or “our”. If “All Access” is indicated on your agreement, then this agreement entitles you to privileges at each of our clubs during the term of this agreement.

Payment by Electronic Funds Transfer (EFT).

You hereby authorize us to use Electronic Funds Transfer (“EFT”) privileges administered by third parties to debit or charge amounts you owe us from your checking account or savings account or to your credit card account or debit card account. You will maintain full control over your accounts at all times and we will not be able to see any information about your accounts. Our EFT privileges only extend to amounts you owe us under this agreement for so long as this agreement has not been cancelled as provided below. We will set up the EFT transfers so that they occur automatically once every month on or about the first day of the month unless we notify you otherwise. If your account or card information changes, you will still be responsible for the amounts you owe us under this agreement. We do not use credit agreements or promissory notes as a method of payment for amounts you owe us.

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.

YOU UNDERSTAND THAT YOUR MEMBERSHIP IS FOR AN INITIAL TERM OF TWELVE (12) MONTHS AT THE MONTHLY RATE LISTED ON YOUR AGREEMENT, AND THAT AT THE END OF THE FIRST TWELVE MONTHS, AND UNTIL THIS AGREEMENT IS CANCELLED, YOUR MEMBERSHIP WILL CONTINUE ON A MONTH-TO-MONTH BASIS.

On the anniversary of the first day of the month for which your membership is effective, we will adjust your monthly membership rate to the prevailing rate for your membership type (the 12-month period beginning on the first day of the month for which your membership is effective is referred to as the “initial 12-month term”). We will give you approximately twenty (20) days prior notice of your adjusted monthly membership rate (but no more than thirty days or less than five business days prior notice). During the initial twelve-month term, you may elect to pay the monthly charge in monthly installments. However, regardless of whether you choose the installment option, you will remain fully responsible for paying the total amount due, which is the sum of twelve times the monthly rate, unless you cancel this agreement in accordance with the cancellation provisions below.

When you become a member, you authorize us to collect an amount equal to two months of dues via EFT transfer or credit card, covering your first and last month’s charges. If your membership begins on a day other than the first of the month, your first month’s dues will be prorated accordingly. Thereafter, monthly dues will be charged on or about the first day of each subsequent month.

CONSUMERS RIGHT TO CANCELLATION. YOU MAY CANCEL THIS AGREEMENT WITHOUT PENALTY OR FURTHER OBLIGATION WITHIN SEVEN (7) DAYS FROM THE DATE OF THIS AGREEMENT. YOU MAY ALSO CANCEL AT ANY TIME AFTER THE INITIAL SEVEN-DAY PERIOD, SUBJECT IF APPLICABLE TO THE CANCELLATION FEE DESCRIBED BELOW. YOU MAY GIVE US NOTICE OF CANCELLATION BY ANY OF THE MEANS DESCRIBED BELOW. TO ENSURE THE ACCURACY OF YOUR NOTICE OF CANCELLATION, WE URGE YOU TO FILL OUT THE CANCELLATION FORM AND SUBMIT IT THROUGH OUR APP, ON OUR WEBSITE, IN PERSON, BY EMAIL, OR BY U.S. MAIL, AS FOLLOWS:

1. By completing a cancellation form on the free Chelsea Piers Fitness app.
2. By mail to: Chelsea Piers Fitness, 60 Chelsea Piers, Second Floor, New York, NY 10011, Attention: Member Services (we will send you a cancellation form via email or U.S. mail).
3. By website: go to chelseapiers.com/fitness/my-account/membership-cancellation and submit an online cancellation form.
4. In person: go to your home club, complete a cancellation form, and submit it to our Membership Engagement Department.
5. By phone: call (212) 336-6090 (we will send you a cancellation form via email).
6. By email: send a message to membersupport@chelseapiers.com (we will send you a cancellation form via email).

ALL CANCELLATION FORMS MUST INCLUDE YOUR FULL NAME, MEMBERSHIP ID NUMBER, AND CONTACT INFORMATION (EMAIL, PHONE, ADDRESS).

All amounts paid by you to us prior to cancellation under this section will be refunded within ten business days after we receive your notice of cancellation.

Cancellation at any time.

You may cancel this agreement at any time. Your cancellation is effective when we receive your cancellation form or your notice of cancellation, whichever is sooner. If your cancellation is effective after your initial 12-month term: within the first three business days of a month, we refund your dues for that month; after the first three business days, we retain your dues for the month of cancellation (you may elect to have your cancellation become effective on the last day of the month instead), and we refund your last month’s dues collected upon inception of this agreement. If your cancellation is effective during your initial 12-month term, the same three-business-day timing rule applies to that month's dues, but we also retain your last month’s dues collected upon inception and charge you an amount equal to one additional month of dues as a cancellation fee — we may offset any refund we owe you against that fee.

Additional rights to cancel.

You may also cancel this agreement without any cancellation fee for any of the following reasons: (1) if, upon a doctor’s order, you cannot physically receive our services because of a significant physical disability for a period in excess of three months; (2) if you die, in which case your estate shall be relieved of any further payment obligation not then due and owing; (3) if you move your residence more than twenty-five miles from any Chelsea Piers Fitness club; or (4) if our services are no longer available or substantially available because of our permanent discontinuance of operation or a substantial change in operation. Your notice of cancellation must be accompanied by the applicable evidence: a doctor’s note, a death certificate, or proof of residence/change of residence. Documentation for a doctor's note or proof of residence change must be received within one week after we receive your notice of cancellation. Within ten business days after we receive your notice of cancellation and the required documentation, we will refund to you any dues corresponding to the period of your membership after such receipt.

Corporate memberships.

Memberships paid for by a corporate employer are subject to termination at any time by the employer.

Initiation fee.

The Initiation Fee is a one-time, non-refundable fee (except for cancellation pursuant to the seven-day right above), covering the expenses of administering the agreement and its cancellation. If there is a lapse in membership, you will be obligated to pay the then-prevailing initiation fee prior to entering into a new membership agreement.

Monthly charges.

We generally adjust monthly rates in January and maintain the monthly rate for the full calendar year. We reserve the right to adjust rates at any time upon approximately twenty days’ prior notice (in any event no more than thirty days and no less than five days’ prior notice). The monthly charge is not based on or related to actual usage of our clubs, and you are responsible for payment in advance each month in full regardless of whether you use our clubs.

Other charges.

In addition to monthly charges, additional charges may include fees for goods or services you order or request, such as personal training, spa and/or fitness sessions, retail apparel and other similar items, and food and beverage items.

Membership freeze policy.

You may freeze your membership for medical reasons for up to six months at any one time; during a medical freeze, your monthly charge is reduced to zero, and a physician’s letter is required. You may also freeze your membership for non-medical reasons for a minimum of one month and a maximum of three months in any calendar year; your monthly charge is reduced to our then-applicable monthly freeze charge (plus tax) during a non-medical freeze. All freezes start at the beginning of the month after the month in which you request the freeze. For both medical and non-medical freezes, notify our membership office using our Online Freeze Request Form or in writing (with your physician’s letter, for a medical freeze) at least three business days before the start of the month; when a freeze option is available on the Chelsea Piers Fitness App, submit your request there instead. Freeze months that occur within your first 12 months of membership do not qualify as paid months, so your initial 12-month period is extended by the number of months 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 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, unless parental permission and our consent is given and approved by us at our sole discretion.

Discounted membership.

If you are eligible for a discounted membership because you live in a building where one of our clubs is located, because your employer has a partnership with us that provides you a discount, or because you participate in a similar discount program, your right to the discount ends when that eligibility ends, and you agree to notify us in advance of that date. You may continue your membership on a non-discounted basis, on terms that will depend on the particular circumstances. Please speak with a membership services team member as far in advance as possible to understand the terms on which your membership can continue.

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 engagement in any activity, and with no health condition or communicable disease that would make use of our clubs injurious or dangerous to other users. If you become ill, or for any reason we determine you have become unable to care for yourself during a visit to one of our clubs, you must accept emergency transport to a clinical provider or depart the club, and you are responsible for the consequences of declining emergency transport.

Activity risk.

You acknowledge and accept that participation in athletic activities and use of our clubs involves inherent risks, including but not limited to personal injury, paralysis, emotional distress, property damage and/or death, and risks arising from the actions or omissions of others or from your failure to ask for information or assistance. To the fullest extent permitted by law, you waive any claims against us for such injury, loss or damage. If you see or hear anything questionable or dangerous, please 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 conduct that we judge to be contrary to the best interests or safety of our members or employees, or a violation of the terms of this agreement. We also reserve the right to require you to leave our clubs for the day if, in our judgment, you pose a health or safety risk or are disturbing, or appear likely to disturb, other members or our employees.

Conversion/change of classification/change of home club policy.

Subject to availability, you may change your membership classification from “All Access” to “Single Club” or vice versa, but only once in any twelve-month period of your membership; contact a member services team member for details. Any previous initiation fee payment will be applied toward the upgraded membership initiation fee, if applicable. You may change your home club at any time by completing the form on our website and speaking with a member services team member.

Photo release.

You grant us the right to use your photographic likeness for promotional purposes, including online usage and marketing materials.

Days of operation.

Our clubs will be closed on Christmas Day. On federal holidays, our clubs may have more limited operating hours than our regular schedule. Our hours of operation are subject to change and will be posted on our website. From time to time, a part or all of the facilities of one or more of our clubs may be temporarily unavailable due to inclement weather, casualty, repairs, renovations, special events, or pending governmental permits or licenses.

Rules and regulations.

You agree to abide by this agreement and by our Member Rules and Regulations as in effect from time to time. Some of the current Member Rules and Regulations that members inquire about most frequently are attached to this agreement. The complete, definitive set of our Member Rules and Regulations is found on our website — please refer to the Member Rules and Regulations page. We may update and revise our Member Rules and Regulations at any time by posting updates on our website; the version posted at any given time constitutes our Member Rules and Regulations for all purposes of this agreement, and is hereby incorporated into and forms a part of this agreement.

Notice.

Except as otherwise required by this agreement or by law, if we are required to provide notice to you, we may do so by mail and/or email to your address on file. If your email or street address changes, please contact a member services team member.

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 or us against the other, arising from or relating to this agreement or your use of our clubs, 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, except for any Claim required by law to be filed in court. AAA rules are available at adr.org or by contacting us. Judgment on any arbitration award may be entered in any court of competent jurisdiction. Any Claim required to be filed in court shall be filed solely in the State of New York, in the county of your home club. AAA arbitration fees are initially paid by the party filing the arbitration. If you commence an action or arbitration against us and do not prevail, you will be liable for our costs and expenses, including reasonable attorneys’ fees. To the extent permitted by law, you and we waive the right to trial by jury in any litigation arising out of this agreement. The laws of the State of New York govern this agreement. Each party waives the right to litigate or arbitrate any claim as a class action, either as a class member or representative, or to act as a private attorney general, and agrees that claims will not be consolidated with other proceedings.

Loss of property.

To the extent permitted by law, we are not liable for the disappearance, loss, theft of, or damage to personal property that occurs during your use of our clubs. If liability is nonetheless imposed on us, our liability for any item of personal property will not exceed the lesser of its actual value or $100.

Severability; survival.

If any portion of this agreement is void or unenforceable, the remaining portion remains in full force and effect. The terms of this agreement survive its termination and the completion of your membership.

Integration; amendment.

This agreement, including our Member Rules and Regulations as incorporated by reference, contains our full agreement with you regarding your membership. All prior or contemporaneous discussions or agreements are merged into it. Our employees are not authorized to vary or amend its terms. We may amend this agreement by giving you thirty days’ prior notice (or, for rate changes, such other period as provided herein).

Independently owned.

Chelsea Piers Fitness clubs are independently owned and operated by CPFC OpCo LLC, Chelsea Piers L.P., or Chelsea Piers Connecticut LLC. One benefit of an All Access membership is the ability to use any of our Chelsea Piers Fitness locations; your home club handles your membership benefits and billing. This agreement is between you and your home club (and CPFC OpCo LLC, if your home club is Chelsea Piers L.P. or Chelsea Piers Connecticut).