McKnight presenta un proyecto de ley que permite a la gente cancelar o suspender sus membresías en gimnasios durante brotes de enfermedades infecciosas

Assemblywoman Says the Current Pandemic Has Raised Concerns for Many Gym-Goers Who Find Themselves Having to Pay for Memberships They Cannot Use Due to COVID-19

Assemblywoman Angela McKnight (D-Hudson) introduced legislation Monday to require health club service contracts to contain certain provisions regarding membership cancellation and suspension procedures during an outbreak of infectious disease.

    “When gyms reopened, many residents with memberships were uncomfortable with going into a facility, whether it was due to underlying health conditions or just out of caution,” said McKnight. “However, consumers are tied to a relatively unbreakable contract with automatic monthly payments. As we’ve seen over the last few months, COVID-19 has forced many residents to take necessary precautions to protect themselves and their families. Going to the gym becomes next to impossible during a public health emergency such as this one.”

Assemblywoman McKnight noted that some fitness centers have worked with their members to allow cancellations and modified payments but not all of them.

“This bill will require all gyms to provide notification to its members of their reopening and when membership fees will resume so that the buyer is aware and may reach out to the gym to take action. It will also allow, during a public health crisis, a gym member to request a cancellation or suspension of charges without paying cancellation fees,” continued McKnight.

“Some residents may not be able to afford the membership fees due to financial constraints brought on by the pandemic. Residents should not have a surprise charge on their bank account, especially if they are not comfortable with going to the gym at this time.”

Under the bill (A-5062), a health club services contract must include the following provisions regarding the health club facility’s procedures in the event it is closed due to a state of emergency or public health emergency declared by the Governor in response to an outbreak of infectious disease occurring in or out of the State:

• la instalación del club de salud notifique al comprador el cierre y la reapertura de la instalación y las obligaciones de pago del comprador;
• el comprador podrá optar por suspender la membresía del club de salud del comprador hasta que el gobernador suprima el estado de emergencia o la emergencia de salud pública, período en el que el centro de salud deberá renunciar a cualquier obligación de pago recurrente;
• el comprador podrá cancelar la membresía en el centro de salud del comprador debido a problemas de salud; y
• Si el comprador decide cancelar la membresía en el centro de salud del comprador debido a problemas de salud, el centro de sanación no le cobrará ninguna tarifa de cancelación o penalización por cancelación.

The bill defines “outbreak” to mean any unusual occurrence of disease or any disease above background or endemic levels.

The legislation will now be referred to an Assembly committee.