Cancelling a gym membership in New York: your rights

Health Club Services (General Business Law Article 30)

N.Y. Gen. Bus. Law §§ 620–631 (Article 30), especially § 624 (rights of cancellation), as amended by L. 2024, ch. 537

Change your mind after signing

Every covered contract must let the buyer cancel within three business days after the buyer receives a copy of the written contract, 'without any penalty or further obligation'. For this 3-day cancellation, the statute says notice 'shall be in writing subscribed by the buyer and mailed by United States mail or electronic mail' to the seller at the address or e-mail address specified in the contract, and must be accompanied by the contract forms, membership cards and any other documents or evidence of membership. All money paid must be refunded within ten business days of receipt of the notice; any negotiable instrument the buyer signed under a credit or loan agreement must also be returned within ten business days. The statute does not say the notice is effective on mailing.

If you move away

After the 3-day period, the buyer may cancel if the buyer 'moves their residence to a location more than twenty-five miles from a health club operated by the seller' (the required contract notice says 'more than twenty-five miles from any health club operated by seller'). The seller may require reasonable evidence. Money paid must be refunded within ten business days of receipt of the notice, but the seller may retain expenses incurred and the portion of the total price representing services used or completed, and may demand the reasonable cost of goods and services the buyer consumed or wishes to keep; the seller may never demand more than the full contract price.

If you become disabled or ill

After the 3-day period, the buyer may cancel if the buyer 'becomes significantly physically disabled for a period in excess of three months'. The notice the contract must contain describes this as: 'If upon a doctor's order, you cannot physically receive the services because of significant physical disability for a period in excess of three months.' The seller may require reasonable evidence (the statute does not prescribe a specific form of proof). Same refund rules as relocation (refund within ten business days, less expenses and services used).

If the member dies

The buyer's estate may cancel if the buyer dies. The required contract notice says: 'If you die, your estate shall be relieved of any further obligation for payment under the contract not then due and owing.' Clubs must accept cancellation by the buyer or the buyer's estate. The seller may require reasonable evidence.

How notice can be given

Two layers. (1) 3-day cooling-off cancellation: in writing, signed by the buyer, sent by U.S. mail or email to the address or email address specified in the contract. (2) Since L. 2024, ch. 537 (signed Nov. 25, 2024; effective on the 90th day after becoming law, i.e. February 2025): a health club 'shall accept notice of cancellation of a membership through methods including, but not limited to, website, electronic mail, telephone, mail, or in person', and if the club lets buyers sign up through a website it must also accept cancellation through that website. Every contract must provide that the club will accept a cancellation by the buyer or the buyer's estate no later than three business days after receiving notice. The statute does not require certified mail; certified mail is simply one way to have proof of mailing and delivery.

Limits on contracts

No contract may require payments totaling more than $3,600 per year (this cap does not apply to contracts relating solely to tennis, platform tennis or racquetball facilities). No term longer than 36 months; payments or financing may not run more than 37 months; no lifetime contracts. Services may extend up to three years with a right to renew at the buyer's option for a like period (the buyer may have thirty days after expiration to renew). Installments must be substantially equal, at intervals not exceeding one month. Renewals: where a contract renews annually, the renewal contract must provide that the club will accept cancellation of the renewal if the request is made within fifteen business days after the renewal takes effect; where it renews monthly, within three business days after the renewal takes effect (the statute does not spell out refund amounts for these renewal cancellations).

Other rules

Scope: 'contract for services' covers contracts for instruction, training or assistance in bodybuilding, exercising, weight reducing, figure development, martial arts or similar physical training, or membership in a club for those purposes. Excluded: membership in organizations formed under the Not-for-Profit Corporation Law (many YMCAs/community nonprofits), boarding, short-term travel, schools/colleges, vocational training, short tennis-instruction programs (8 weeks or less, fee up to $250), and seasonal tennis facilities. 'Health club' includes gyms, health spas, health studios, figure salons, weight-control studios, martial arts and self-defense schools, tennis and racquetball clubs. Contracts at a planned or under-construction club are voidable by the buyer if the club and services are not available within one year (§ 624(1)). Contracts that do not comply with Article 30 are void and unenforceable, and any waiver by the buyer is void (§ 627). A buyer damaged by a violation may sue; judgment may be up to three times actual damages plus reasonable attorney fees (§ 628). Clubs must generally file a bond, letter of credit or certificate of deposit with the Secretary of State before selling contracts, with exemptions (§ 622-a); escrow rules apply (§ 622). A contract may not be assigned to a club at different premises without the buyer's written consent (§ 623(5)). The seller may offer broader cancellation reasons than the statute requires.

Automatic renewal and online cancellation

N.Y. Gen. Bus. Law §§ 527, 527-a (automatic renewal), as amended by L. 2025, ch. 58, Part W; also N.Y. Gen. Oblig. Law § 5-903; New York City only: 6 RCNY §§ 5-110 to 5-110.3 (DCWP 'Click to Cancel' rule)

Yes. GBL § 527-a(1)(d) makes it unlawful for a business making an automatic renewal or continuous service offer to a consumer in New York to fail to provide 'the option to cancel at any time using a simple cancellation mechanism that is as easy to use as the mechanism that the consumer used to provide consent and that is through the same medium that the consumer used to provide consent'. § 527-a(1)(d-1) requires cancellation 'through all mediums by which the business allows a consumer to provide affirmative consent', and where consent was obtained in person, the business must, in addition to an in-person method where practical, 'at least offer cancellation through an online mechanism or over a telephone number'. These provisions come from the FY2026 budget (L. 2025, ch. 58, Part W, signed May 9, 2025); secondary sources report an effective date of November 5, 2025, and the official statute page shows the sections last amended 2025-11-07. Separately, gym-specific GBL § 624(4)(d) (effective February 2025) requires a club that sells memberships through a website to accept cancellation through that website. In New York City, the DCWP Click to Cancel rule took effect October 1, 2026 with parallel requirements; where consent was in person it requires an online option 'such as a website or email'.

Applicability to gyms: § 527-a(4) lists exemptions (franchise-based services, entities regulated by the Department of Financial Services, security alarm operators, banks/credit unions/other licensed financial institutions, and service contract sellers under Insurance Law § 7902); health clubs are not exempted. The 2026 Assembly sponsor memo for A10642 confirms the budget language 'did not include exceptions for health clubs or gyms.' Other § 527-a duties include: clear and conspicuous disclosure and affirmative consent; no unreasonable conditions, obstruction or unreasonable delay of cancellation (e.g., hanging up on callers); retention offers are allowed but may not obstruct or delay cancellation; for an initial paid term of one year or longer renewing for six months or longer, a reminder 15–45 days before the cancellation deadline with cancellation instructions; notice of material changes including price increases. Enforced by the Attorney General. Pending, not enacted: A10642 / S9211-A (2025–2026 session) would amend GBL § 624(4) (e.g., monthly renewals cancellable up to the business day before renewal; 'as easy to use' and same-medium cancellation for gyms); A10642 passed the Assembly May 4, 2026, S9211-A was committed to the Senate Rules Committee June 5, 2026, and neither had passed both houses as of 2026-10-11. GOL § 5-903 makes an automatic renewal clause in a contract 'for service, maintenance or repair to or for any real or personal property' unenforceable unless the provider gives written notice, served personally or by certified mail, 15–30 days before the notice deadline; it does not apply where the renewal period is one month or less. Because it is framed around services to property, whether it covers gym memberships is doubtful and unconfirmed.

Good to know

New York has both a gym-specific statute (GBL Article 30) and a general automatic renewal law (GBL § 527-a) that, on its face, also reaches gym memberships that renew automatically. Key gym-specific points: 3-business-day cooling-off; cancellation after that for relocation over 25 miles, significant physical disability over three months (doctor's order), death, or the club ceasing to offer services; clubs must accept cancellation notices by website, email, telephone, mail or in person (and online if you joined online) and must accept a cancellation within three business days of receiving notice; annual renewals can be cancelled within fifteen business days after taking effect and monthly renewals within three business days. The New York Attorney General has brought enforcement actions over hard-to-cancel gym memberships (e.g., a $600,000 settlement with Equinox announced May 30, 2025). Members in New York City also have the DCWP Click to Cancel rule (effective Oct. 1, 2026) and can file complaints with DCWP; statewide complaints can go to the Attorney General (the Attorney General's general helpline is 800-771-7755).

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. N.Y. Gen. Bus. Law § 624 – Rights of cancellation of contracts for services (NY Senate Open Legislation) (official, 2026-10-11)
2. N.Y. Gen. Bus. Law § 624(4)(d) – website cancellation (official, 2026-10-11)
3. N.Y. Gen. Bus. Law § 624(2) – 3-day cancellation and refund (official, 2026-10-11)
4. N.Y. Gen. Bus. Law § 624(3)(a) – death, disability, relocation (official, 2026-10-11)
5. N.Y. Gen. Bus. Law § 624(3)(b) – required 'Additional Rights to Cancellation' notice (official, 2026-10-11)
6. N.Y. Gen. Bus. Law § 624(4)(b) – renewal cancellation windows (official, 2026-10-11)
7. N.Y. Gen. Bus. Law § 621 – Definitions and exclusions (official, 2026-10-11)
8. N.Y. Gen. Bus. Law § 623 – Contract restrictions (official, 2026-10-11)
9. N.Y. Gen. Bus. Law § 622-a – Bond, letter of credit or certificate of deposit (official, 2026-10-11)
10. N.Y. Gen. Bus. Law § 627 – Contracts void and unenforceable (official, 2026-10-11)
11. N.Y. Gen. Bus. Law § 628 – Private right of action (official, 2026-10-11)
12. Senate Bill S932D (2023–2024) – signed Nov. 25, 2024, Chapter 537 of 2024 (official, 2026-10-11)
13. N.Y. Gen. Bus. Law § 527-a – automatic renewal (NY Senate Open Legislation) (official, 2026-10-11)
14. N.Y. Gen. Bus. Law § 527-a(1)(d-1) – in-person consent (official, 2026-10-11)
15. Senate Bill S3008C (2025) – FY2026 budget (TED), Chapter 58 of 2025, signed May 9, 2025 (official, 2026-10-11)
16. Olshan Frome Wolosky – New York Quietly Passes Critical Consumer Protection Measures in Budget Bill (June 25, 2025) (secondary, 2026-10-11)
17. Kelley Drye – NY Quietly Amends Automatic Renewal Law (June 10, 2025) (secondary, 2026-10-11)
18. NY Assembly – A10642 (2025–2026) bill status and sponsor memo (official, 2026-10-11)
19. NY Senate – S9211A (2025–2026) bill status (official, 2026-10-11)
20. N.Y. Gen. Oblig. Law § 5-903 (official, 2026-10-11)
21. New York State Attorney General – Health clubs and gyms (official, 2026-10-11)
22. New York State Attorney General – press release: Attorney General James Secures $600,000 from Fitness Company Equinox for its Hard-to-Cancel Memberships (May 30, 2025) (official, 2026-10-11)
23. NYC Department of Consumer and Worker Protection – Notice of Adoption, Click to Cancel rule (6 RCNY §§ 5-110 to 5-110.3) (official, 2026-10-11)
24. NYC – Click to Cancel (consumer page) (official, 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.