Terms & Conditions
- WAIVER: I, the undersigned, accept full responsibility for my use in any and all apparatus, appliances, programs, facility privilege or service whatsoever, owned and operated by this facility. The NYA, its shareholders, directors, officers, employees, representatives and agents will be held harmless from any and all loss, claim, damage or liability sustained or incurred by me resulting therefrom.
- The NYA OPERATING HOURS: are subject to change based on seasonal demand. The Newtown Youth Academy may be closed for certain holidays, maintenance, repairs, emergencies, etc. Members will have no claim against the NYA for extending or providing additional credit for periods closed. Management reserves the right to limit club usage for special occasions or events.
- CHANGES: The NYA at its sole discretion may at any time create/ make physical changes to the facility, relocate programs within its confines and/or reduce the size of a program and/or activity currently in effect.
- RULES, REGULATIONS and SCHEDULE: Member agrees to abide by all the memberships rules, regulations and schedules of the NYA which may be posted at the facility or issued orally, and which may be amended from time to time, at the Management’s sole discretion.
- MEMBER’S HEALTH WARRANTY: Member warrants and represents that Member (and other members under the family membership if this membership is applied for) has no disability, impairment or ailment preventing him/her from engaging in active or passive exercise of activity that will be detrimental or inimical to his/her health, safety, or physical condition if he/she does so engage or participate. Member understands that The NYA and its employees are not responsible for members’ actions and that if a member is in doubt about any part of his/ her fitness training or recreation, member will consult his/her personal physician.
- GUEST POLICY: The NYA is a private facility. Guests accompanied by a member must register and are permitted on a limited basis at the then prevailing guest fee rates. Please refer to the posted policy and rates. Members are responsible for the behavior of their guests.
- PERSONAL / PERFORMANCE TRAINERS: The use of a personal / performance trainer not sanctioned by the NYA is strictly prohibited.
- MISUSE OF MEMBERSHIP CARD: Any member permitting the use of their membership card to a non-member will result in the immediate forfeiture of their membership without refund of dues.
- SUPERVISION OF CHILDREN: No one under the age of 14 is allowed in the fitness facility unless accompanied by a parent or guardian. If a child under the age of 14 comes in as a guest, he or she is subject to a waiver and a guest fee per our guest policy. Children 12 & 13 years of age may work out under the supervision of a certified trainer or guardian.
- DISHONORED CHECK OR BANK DRAFT: If any check, charge, or draft payable to The NYA is not honored, in addition to the other rights it may have, the NYA shall have the right to: (a) Assess a service charge of $20.00 for each check, charge or draft so dishonored and require reimbursement for costs of collection, (b) Collect the current and past due balance in any subsequent month, (c) terminate this agreement.
- NON-USE OF CLUB: No deduction or allowance for dues shall be made for member’s failure to attend or use the facility due to vacation, travel or other personal commitments.
- MEMBERSHIP FREEZE: EFT Members requesting a freeze due to medical injury (minimum of 30 day disability) must submit a written doctor’s notice which is subject to verification.* A membership freeze will become effective on the first of the month following notification. Members who freeze their membership are not entitled to use any of the facility during their membership freeze. There is absolutely no retroactive refund of dues. Time lost due to freeze will be compensated by extending expiration date of paid in full memberships. All other approved, non-medical freezes on EFT will incur a monthly charge of $10.00 per month.
(*All written requests must be validated by written acknowledgment from a manager whether mailed or delivered in person.)
- CONTRACTS FOR HEALTH CLUB SERVICES.
RIGHT OF CANCELLATION: Every contract for health club services shall provide that such contract may be cancelled within three business days after the date of receipt by the buyer of a copy of the contract, by written notice delivered by certified or registered United States mail to the seller or the seller’s agent at an address which shall be specified in the contract. After receipt of such cancellation, the health club may request the return of contract forms, membership cards and any and all other documents and evidence of membership previously delivered to the buyer. Cancellation shall be without liability on the part of the buyer, except for the fair market value of services actually received and the buyer shall be entitled to a refund of the entire consideration paid for the contract, if any, less the fair market value of the services or use of facilities already actually received. Such right of cancellation shall not be affected by the terms of the contract and may not be waived or otherwise surrendered. Such contract for health club services shall also contain a clause providing that if the person receiving the benefits of such contract relocates further than twenty-five miles from a health club facility operated by the seller or a substantially similar health club facility which would accept the seller’s obligation under the contract, or dies during the membership term following the date of such contract, or if the health club ceases operation at the location where the buyer entered into the contract, the buyer or his estate shall be relieved of any further obligation for payment under the contract not then due and owing. The contract shall also provide that if the buyer becomes disabled during the membership term, the buyer shall have the option of (1) being relieved of liability for payment on that portion of the contract term for which he is disabled, or (2) extending the duration of the original contract at no cost to the buyer for a period equal to the duration of the disability. The health club shall have the right to require and verify reasonable evidence of relocation, disability or death. In the case of disability, the health club may require that a doctor’s certificate be submitted as verification and may also require in such contract that the buyer submit to a physical examination by a doctor agreeable to the buyer and the health club, the cost of which examination shall be borne by the health club.
- MEMBERSHIP CANCELLATION:
- A paid in full member canceling their membership due to relocation over 25 miles away prior to expiration date can sell or transfer remainder of time to any person with NYA approval. Written verification of relocation must be furnished upon request.
- An EFT Member relocating more than 25 miles from the facility may sell, transfer or cancel without penalty by notifying the NYA in writing, 30 days prior to the next billing date
- Written proof of relocation required per certified mail receipt.
- ln case where one family member discontinues his/her membership (regardless of which member it is) the remaining member will be charged the first person rate.
- Early Termination: An early termination fee of $149 will be charged in the event you terminate your contact before the expiration of said contracted term.
15. TERM OF CONTRACT. RENEWAL:
- No health club contract shall have a term for a period longer than twenty-four months. If a health club offers a contract of more than twelve months’ term, it shall offer a twelve-month contract. If a health club sells a membership contract of more than twelve months’ term, the health club shall not collect payment, in cash or its equivalent of more than fifty per cent of the entire consideration for the contract in advance of rendering services. The remainder of the cost of the contract shall be collected by the health club on a pro rata monthly basis during the term of the health club contract. Each contract shall have the prices for all contracts printed thereon.
- No contract shall contain an automatic renewal clause except for a renewal for a period not to exceed one month. If such contract contains such a one-month automatic renewal clause, such renewal shall become effective only upon payment of the renewal price and such contract shall permit the buyer to cancel any further renewal upon no more than one month’s notice. The price of any such renewal shall not increase or decrease unless the contract: (1) Discloses the amount of such increase or decrease or the method of calculating such increase or decrease in the price of such renewal, or (2) such information is otherwise provided to the buyer, in writing, no less than one month prior to such renewal. Any renewal option for continued membership must be accepted by the buyer in writing, by electronic mail or facsimile and shall become effective only upon payment of the renewal price.
- Each health club shall post the prices and the three-day cancellation provisions, the disability provisions and the twenty-five mile moving provisions of all contracts in a conspicuous place where the contract is entered into.
- NEGOTIABLE PROMISSORY NOTES TO BE CLEARLY BUYER’S RIGHTS UPON SALE OR DISCOUNT. TIME PERIOD FOR PAYMENT: If the buyer’s obligation is in the form of a negotiable promissory note, such contract shall state in boldface type on the face page of said contract that the buyer’s promissory note may be discounted and sold to third parties to whom the buyer will become obligated to make full payment. The selling or discounting of a negotiable promissory note which represents the buyer’s obligation under a health club service contract shall not affect the right of the buyer to cancel the contract, the method by which cancellation may be made, or the buyer’s rights under section 52-572g or Section 433.1 et seq. of Title 16 of the Code of Federal Regulations, as they may from time to time be amended. When a buyer’s obligation is in the form of a promissory note, the time period for payment of the note shall not exceed the term of the health club contract.
- LISTING OF EQUIPMENT AND SERVICES: A health club whichintends to commence the sale of health club contracts, shall, prior to commencing sale, compile a written list of the equipment and each service which it intends to have available for use by buyers at the time of commencing such sale and shall submit a copy of the list to the Commissioner of Consumer Protection. Such list, as may be updated from time to time, shall be included in any health club contract. No health club shall be considered fully operative or established until substantially all of the equipment and services so listed are actually available for use by buyers. Each individual place of business of each health club shall be fully operative or established prior to commencing the sale of health club contrac