Cancelling a gym membership in New Jersey: your rights

Health Club Services Act (P.L.1987, c.238)

N.J.S.A. 56:8-39 to 56:8-48 (contract and cancellation rules in N.J.S.A. 56:8-42, as amended by P.L.2023, c.241; online termination in N.J.S.A. 56:8-42.1); regulation N.J.A.C. 13:45A-25.6

Change your mind after signing

A contract for new or increased health club services may be cancelled for any reason before midnight of the third 'operating day' after the buyer receives a copy of the contract (N.J.S.A. 56:8-42(e)). An 'operating day' is any calendar day on which patrons may use the club for at least eight hours, except holidays and Sundays. Under the text as amended by P.L.2023, c.241, notice may be given by telephone to the club location where the contract was made; online, if the contract was made online; by regular, registered or certified mail 'received within the three-day period', return receipt requested; or by personal delivery to the address in the contract. All money must be refunded within 30 days of receipt of the notice, and any note signed through the club returned within 30 days. The required contract notice adds that if the third operating day falls on a Sunday or holiday, notice is timely if mailed or delivered on the next operating day.

If you move away

The contract must allow cancellation if the buyer's permanent residence changes to a location more than 25 miles from the health club, or from an affiliated health club offering the same or similar services and facilities at no additional expense to the buyer. The club may require proof of the new permanent residence. It may keep a prorated share of the total contract price, based on the date the notice was received, plus reimbursement for expenses of no more than 10% of the total contract price (N.J.S.A. 56:8-42(g)). By regulation, a club may avoid the cancellation by reaffirming the contract in writing and guaranteeing an affiliated club within 25 miles of the new residence that provides the same or similar services at no added cost. This does not apply if the original club closes for more than 30 consecutive days. If the affiliated club later becomes unavailable, a pro-rata refund is due within 30 days of notice (N.J.A.C. 13:45A-25.6).

If you become disabled or ill

The contract must allow cancellation on the buyer's permanent disability, 'if the permanent disability is fully described and confirmed to the health club by a physician.' The club may keep the portion of the total contract price representing services used, plus reimbursement for expenses of no more than 10% of the total contract price (N.J.S.A. 56:8-42(f)).

If the member dies

The contract must allow cancellation on the buyer's death. The club may keep the portion of the price representing services used, plus expenses of no more than 10% of the total contract price (N.J.S.A. 56:8-42(f)).

How notice can be given

For death, permanent disability and relocation, the contract must allow cancellation by telephone or written notice; online, if the contract was made online; or sent by regular, registered or certified mail, return receipt requested, or personally delivered to the club's address in the contract (N.J.S.A. 56:8-42(f)-(g)). For the 3-day cooling-off right, mail must be 'received within the three-day period' (N.J.S.A. 56:8-42(e)). Apart from that, the statute does not say whether mailed notice takes effect on mailing or on receipt; the relocation refund is computed from the date the notice was received.

Limits on contracts

Services under a contract may not obligate the buyer for more than three years from signing (N.J.S.A. 56:8-42(d)). 'A health club services contract shall not obligate the buyer to renew the contract.' A buyer who made a health club contract online must be given the option to terminate the automatic renewal online through a direct link or button on the club's website, in a prominent location and in clear and conspicuous text (N.J.S.A. 56:8-42(i)).

Other rules

Scope: a 'health club' is an establishment that devotes, or will devote, 40% or more of its square footage to physical-fitness services or facilities (N.J.S.A. 56:8-39). The Act does not apply to nonprofit public or private schools, colleges or universities; the State or its political subdivisions; or bona fide nonprofit, religious, ethnic or community organizations (N.J.S.A. 56:8-47). Clubs must register with the Director of the Division of Consumer Affairs and renew every two years (56:8-40). For each facility they must keep a bond, letter of credit or other security, generally 10% of the prior year's gross health-club income, with a minimum of $25,000 and a maximum of $50,000 ($50,000 before opening). Clubs selling only contracts of three months or less, collecting no more than three months in advance, are exempt and file a declaration instead (56:8-41). If a facility closes for more than 30 days through no fault of the buyer, the buyer may extend the contract or receive a prorated refund (56:8-42(h)). If the facility is not yet open, the buyer may cancel for a full refund if it does not open by the date in the contract (56:8-42(j)). Down payments before opening are capped at 25% (56:8-44). A non-complying contract, or one induced by fraudulent or substantially and willfully false or misleading information, is voidable by the buyer, and waivers are void (56:8-45). A violation is an unlawful practice under the Consumer Fraud Act (56:8-46). P.L.2023, c.241 was approved January 8, 2024 and took effect 'on the first day of the third month next following the date of enactment', which by our calculation is April 1, 2024.

Automatic renewal and online cancellation

Health-club-specific: N.J.S.A. 56:8-42(i) and N.J.S.A. 56:8-42.1 (P.L.2023, c.241, approved Jan. 8, 2024). New Jersey's general automatic-renewal notice statute, N.J.S.A. 56:12-95.5 (P.L.2022, c.91), covers only 'service contracts' (repair and maintenance plans), not gym memberships.

Yes, for gym contracts made online. A buyer who made a health club contract online must be able to terminate the automatic renewal online through a direct link or button on the club's website (56:8-42(i)). A 'subscription service provider' selling health club services online must give consumers an online option to start termination. It must provide, in an easily accessible location, a direct link or button immediately reachable through a customer account or profile on the website, or through the user settings on a smartphone or tablet; or a termination email, formatted and provided by the provider, that the consumer can send without giving any additional information (56:8-42.1). Effective, by our calculation, April 1, 2024. There is no New Jersey rule we could confirm that requires cancellation by the same method used to sign up for in-person sign-ups. A broader subscription 'click to cancel' bill (A5395/S3877, 2024-2025 session) passed both houses in Dec. 2025 but received a conditional veto on Jan. 12, 2026, according to a secondary tracker. A successor bill was reported in the 2026 session; its status is unconfirmed.

N.J.S.A. 56:8-42.1 defines 'subscription service' as health club services provided on a subscription basis for a recurring payment, and 'consumer' as a New Jersey resident to whom a subscription service is sold online. A violation is an unlawful practice under the Consumer Fraud Act. P.L.2022, c.91 (N.J.S.A. 56:12-95.5) requires 30-to-60-day renewal notices and online, mail or phone cancellation methods, but its 'service contract' definition covers maintenance, repair and replacement contracts for property, so it does not appear to apply to gym memberships.

Good to know

New Jersey's Health Club Services Act lists several ways to give the statutory cancellation notices (cooling-off, death or permanent disability, relocation): telephone, online (if you joined online), regular, registered or certified mail with return receipt requested, or personal delivery to the address in the contract. For the 3-day cooling-off right, mailed notice must be received within the three-day period, so mail may arrive too late and a faster method may be safer. For relocation, the club may keep a prorated share plus up to 10% of the total price for expenses, and may avoid the cancellation by guaranteeing a comparable affiliated club within 25 miles of the new home. Contracts are capped at three years and may not obligate the member to renew. Outside these situations, ordinary cancellation is governed by the contract.

Putting it in writing

Whatever the law says, a written notice you can prove is the safest way to cancel. A letter sent by USPS Certified Mail with a return receipt shows when your notice was mailed and delivered, and who signed for it.

Sources

1. New Jersey Legislature, P.L.2023, c.241 (A3892 3R), approved January 8, 2024, amending N.J.S.A. 56:8-42 and adding 56:8-42.1 (official; live site unreachable from our host, read via Internet Archive copy captured 2025-08-08) (official, 2026-10-11)
2. P.L.2023, c.241, section 2 (N.J.S.A. 56:8-42(i)), renewal and online termination (official; Internet Archive copy) (official, 2026-10-11)
3. P.L.2023, c.241, section 2 (N.J.S.A. 56:8-42(f)), death and permanent disability (official; Internet Archive copy) (official, 2026-10-11)
4. P.L.2023, c.241, section 3, effective date (official; Internet Archive copy) (official, 2026-10-11)
5. New Jersey Division of Consumer Affairs, 'Health Clubs' consumer brief (revised 04/01/24; site blocked automated access, read via Internet Archive copy captured 2025-03-21) (official, 2026-10-11)
6. New Jersey Division of Consumer Affairs, 'Health Clubs' consumer brief, contract length (official, 2026-10-11)
7. Justia, N.J.S.A. 56:8-39 Definitions (2014 New Jersey Revised Statutes; Internet Archive copy) (secondary, 2026-10-11)
8. Justia, N.J.S.A. 56:8-47 Nonapplicability (2014 New Jersey Revised Statutes; Internet Archive copy) (secondary, 2026-10-11)
9. Justia, N.J.S.A. 56:8-40 Registration and 56:8-41 Security (2014 New Jersey Revised Statutes; Internet Archive copies) (secondary, 2026-10-11)
10. Justia, N.J.S.A. 56:8-45 Contracts voidable (2014 New Jersey Revised Statutes; Internet Archive copy) (secondary, 2026-10-11)
11. Cornell LII, N.J. Admin. Code § 13:45A-25.6 Health club contracts (affiliated-club rule for relocation; summarized by fetch tool, not quoted) (secondary, 2026-10-11)
12. New Jersey Legislature, P.L.2022, c.91 (Service Contracts Act amendments incl. N.J.S.A. 56:12-95.5 automatic renewal notice), approved August 5, 2022 (official; Internet Archive copy captured 2025-03-11) (official, 2026-10-11)
13. BillTrack50, NJ A5395 (2024-2025), subscription cancellation / negative option bill. Action history shows a conditional veto on 01/12/2026 (secondary; summarized by fetch tool, not quoted) (secondary, 2026-10-11)

This page explains the law in plain words. It is not legal advice and may not cover every case; laws change, so check the official text or ask a lawyer about your situation. CancelSent is not a law firm and does not give legal advice. We prepare, print and mail the letter you sign, as your mailing service. Whether and when a gym cancels depends on your agreement and the law where you live.