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CancellationPolicy
3. CANCELLATION RIGHTS
(1) If upon a doctor’s order, you cannot physically or medically receive the
services because of a significant physical or medical disability for a period
in excess of three (3) months;
(3) If the health club services to be provided under this Agreement are not
available because Equinox fails to open your Home Club, permanently
discontinues operation of your Home Club, or substantially changes the
operation of your Home Club; or
(4) If you move your residence or your place of employment more than
twenty-five (25) miles from any Club operated by Equinox or a
substantially similar health club which will accept your obligation under
this Agreement.
3.3 Cancellation after Initial Period: If you do not wish to continue your
Membership after Initial Period, you may cancel your Membership and this
Agreement upon forty-five (45) days’ prior written notice to Equinox. For
clarity, your cancellation will go into effect forty-five (45) days after
Equinox receives your cancellation notice; however, if you provide
cancellation notice more than forty-five (45) days before the end of the
Initial Period, your cancellation will not go into effect until the last day of
the Initial Period. You must provide notice of cancellation in accordance
with Section 3.4. Equinox reserves the right, in its discretion, to require
you to pre-pay all Membership Dues through the date your cancellation
goes into effect. Please note you will not receive a refund of any Ancillary
Charges, including without limitation for any sessions which remain unused
at the time your cancellation goes into effect.
3.4 How to Cancel Your Membership: You may cancel your Membership and
Agreement by any of the following methods:
(1) In-person at any Club in your Membership class. You will be required
to complete a cancellation form and provide it to the Club General
Manager or Assistant General Manager.
(3) For cancellations after the Initial Period, you may call Equinox
Membership Administration to cancel your Membership over the telephone.
Visit http://www.equinox.com to find the current phone number for
Membership Administration.
You are responsible for retaining (and presenting, if necessary) all records
relating to your cancellation of Membership. In the event of a dispute as to
whether and when notice of cancellation was received, Equinox’s records
will control.
TermsAndConditions
IMPORTANT TERMS
MEMBERSHIP TERMS
1. YOUR MEMBERSHIP
1.1 Overview: This Agreement sets forth the terms and conditions
that apply to your membership (“Membership”) to Equinox Fitness
Clubs and, if included within your Membership class, Equinox
Sports Clubs (collectively, “Clubs”). You are responsible for
complying with this Agreement. A copy of your Agreement is
available in your account on http://www.equinox.com and, if you
provided an email address, will be e-mailed to you upon joining.
You may also contact Membership Administration if you need to
obtain another copy of your Agreement.
1.7 Home Club: Your “Home Club” is the Club at which your
Membership was purchased and is listed at the beginning of this
Agreement. You may transfer your Home Club to another Club,
subject to the following conditions. You may only transfer your
Home Club to another Club within your Membership class. If you
have a “Select” Membership, this means you may only transfer to
another Club that offers “Select” membership (and your
Membership Dues will be adjusted to the then-current membership
rate for such other Club). If you want to transfer to a Club that
does not offer “Select” membership, you will need to upgrade your
Membership class in order to do so. Equinox reserves the right to
charge you a fee for transferring your Home Club.
1.8 Club Exclusions: You may only access and use the Club(s)
within your purchased Membership class. During your Membership,
Equinox may, in its discretion, exclude certain Clubs from various
Membership classes or otherwise limit your access to certain Clubs.
Once Equinox implements an exclusion or limitation, you will no
longer have the right to access or use such affected Club(s),
notwithstanding any “All Access” or other similar designation of
Membership class and/or notwithstanding that such Club(s) may be
located within your regional area. Contact Membership
Administration for a current list of excluded Clubs.
2. PAYMENT POLICIES
2.2 Ancillary Charges: You are responsible for paying all amounts
you incur during your Membership, including without limitation
fees for personal training and Pilates sessions, spa treatments and
other ancillary services, as well as purchases of retail or other
items (collectively, “Ancillary Charges”). Payment for Ancillary
Charges is due in full at the time of purchase, and Equinox has no
obligation to provide you with any ancillary service or good until
it has received such payment. Pricing for all Ancillary Charges is
in Equinox’s discretion and may be prospectively modified by
Equinox at any time, with or without notice to you.
3. CANCELLATION RIGHTS
(3) For cancellations after the Initial Period, you may call Equinox
Membership Administration to cancel your Membership over the
telephone. Visit http://www.equinox.com to find the current phone
number for Membership Administration.
4. YOUR HEALTH
5. MEMBERSHIP POLICIES
5.2 Cell Phone and Camera Use: Using cell phones, cameras or any
other recording devices in Equinox locker rooms and other private
spaces such as spa treatment rooms and pool areas is strictly
prohibited. See Annex A to this Agreement for additional Equinox
Policies regarding use of cell phones, cameras and other recording
devices while at Clubs.
6. NOTICES
7.2 Arbitration: You agree to submit any and all Disputes (as
defined in Section 7.4) to binding arbitration pursuant to the
Federal Arbitration Act (Title 9 of the United States Code), which
will govern the interpretation and enforcement of this arbitration
agreement (“Arbitration Agreement”). Arbitration will be before
either (1) JAMS (formerly known as Judicial Arbitration and
Mediation Services), http://www.jamsadr.com, or (2) the American
Arbitration Association (“AAA”), http://www.adr.org. If you
initiate arbitration, you may choose between these two arbitration
forums; if Equinox initiates arbitration, it will have the choice as
between these two arbitration forums.
7.3 Class Action Waiver: You agree that the arbitration of any
Dispute will be conducted on an individual, not a class-wide, basis,
and that no arbitration proceeding may be consolidated with any
other arbitration or other legal proceeding involving Equinox or
any other person. You further agree that you, and anyone asserting
a claim through you, will not be a class representative, class
member, or otherwise participate in a class, representative, or
consolidated proceeding against Equinox, and that the arbitrator of
any Dispute between you and Equinox may not consolidate more
than one person's claims, and may not otherwise preside over any
form of a class or representative proceeding or claim (such as a
class action, representative action, consolidated action or private
attorney general action). If the foregoing class action waiver
(“Class Action Waiver”) or any portion thereof is found to be
invalid, illegal, unenforceable, unconscionable, void or voidable,
then the Arbitration Agreement will be unenforceable and the
Dispute will be decided by a court of competent jurisdiction. Any
claim that all or part of the Class Action Waiver is invalid, illegal,
unenforceable, unconscionable, void or voidable may be determined
only by a court of competent jurisdiction and not by an arbitrator.
8. GENERAL TERMS