Terms of Service

These Terms of Service ("Terms") govern all memberships, packages, sessions, and other services purchased from 5th Ave Fitness LLC ("5th Ave Fitness," "we," "us," or "the studio"), located at 688 Union Street, Brooklyn, NY. By purchasing a membership, package, or session, or by checking the box confirming agreement to these Terms at checkout, you ("you," "Member," or "Client") agree to be bound by these Terms.

These Terms address the commercial relationship between you and the studio: pricing, billing, cancellation, pauses, refunds, and related purchase policies. They do not cover the physical risks of exercise participation, which are addressed separately in the Informed Consent and Acknowledgment of Risk form you sign before your first session. Both documents apply to your relationship with 5th Ave Fitness.

1. Pricing and Payment

All prices are listed in U.S. dollars and include applicable New York State and local sales tax unless otherwise stated. Your card statement will show a charge from "5THAVEFITNESS."

Recurring memberships (Maintenance, Progress, Transformation, and their Buddy variants) are billed monthly on your signup date via automatic card charge ("auto-pay"). There is no free trial period on any membership. Your first charge is for a full month with no proration.

One-time packages (Intro Package, Single Session, 4-Pack, 8-Pack, Buddy packages, Small Group packages, and the seasonal Challenge Registration Fee) are billed once at purchase.

2. Membership Cancellation

Memberships are month-to-month with no long-term contract. To cancel, submit a cancellation request through the client portal or by written notice to the studio.

• Your cancellation is effective 14 days after we receive your request.
• If your next scheduled billing date falls within that 14-day window, that charge will still be processed. If it falls after, it will not be charged.
• You will receive an immediate confirmation email stating your exact effective date and last day of access.
• You may reverse a cancellation any time before the effective date by contacting the studio.
• Sessions already booked within 7 days of your effective end date remain on the schedule and you retain access to attend them. Sessions booked beyond that 7-day window are automatically canceled.

This policy is designed to comply with New York General Business Law §624 governing health club service contracts.

3. Membership Pause

Members may pause a membership for up to 30 total days per calendar year. Pause requests are submitted through the client portal in increments of 1 week, 2 weeks, 3 weeks, or 1 month; indefinite pauses are not available and will be treated as a cancellation request.

• No charges are billed during an approved pause.
• Any unused portion of your current month's session allotment at the time the pause begins is forfeited.
• Previously earned rollover sessions are frozen during the pause and restored when your membership resumes.
• Pauses cannot be applied retroactively.

4. Late Cancellation and No-Show Policy

Sessions may be rescheduled at no charge with at least 24 hours' notice. Cancellations or reschedule requests made with less than 24 hours' notice, and no-shows, are treated as a used session and will be deducted from your package or your current month's membership allotment. No additional card charge is issued for a late cancellation or no-show — the deduction is a session, not a fee.

The studio may, at its discretion, waive a late-cancel or no-show deduction for documented emergencies or extenuating circumstances.

5. Package Expiration

One-time packages expire a set number of weeks from the date of purchase (or, for the Intro Package, from your first session), as stated on the product description at the time of purchase:

• Intro Package — 4 weeks
• 4-Pack / Buddy 4-Pack / Small Group 4-Pack — 6 weeks
• 8-Pack — 12 weeks; Buddy 8-Pack — 12 weeks; Small Group 8-Pack — 10 weeks
• Single Session, Buddy Single Session, and Small Group Drop-In do not expire and may be used at any time.

Unused sessions are forfeited upon expiration and are not eligible for refund except as described in Section 6 below.

6. Refund Policy

Buyer's Remorse

Full refund within 7 days of purchase, provided no sessions have been used. This window closes after 7 days or after your first session, whichever comes first.

Medical Refunds

If you are unable to continue due to a medical condition, you may request a refund prorated for unused sessions upon submission of a doctor's note. A $50 administrative fee applies and is deducted from the refund. This option is available regardless of how long ago you purchased and is not limited by the 7-day buyer's remorse window.

Service-Quality Refunds

Refunds may be issued at the studio's discretion, in full or in part, in cases where the studio determines it did not meet its service commitments to you.

Statutory Refunds

Consistent with New York General Business Law §624, a full prorated refund of unused sessions, with no administrative fee, will be issued in the event of: (a) the Member's death; (b) permanent disability supported by physician documentation; or (c) the Member's relocation more than 25 miles from any 5th Ave Fitness location.

All approved refunds are returned to your original payment method. The studio does not substitute portal credit for a cash refund, except for gift card redemption credits described in Section 8.

7. Buddy Training Packages and Memberships

Buddy products are purchased by one buyer and require confirmation from a second participant ("buddy") before both accounts are linked to a single, pair-locked package or membership. If your buddy does not confirm within 14 days of purchase, the studio will contact you to resolve the purchase — options include waiting longer, converting to a single-client product with a partial refund of the difference, or a full refund.

If a buddy pair ends its arrangement, remaining sessions may be converted to individual packages, split evenly between both participants, or refunded, at the studio's discretion and in consultation with the original buyer.

8. Gift Cards

Gift cards are sold in fixed denominations and issued as a redemption code to the recipient. Consistent with New York General Business Law §5-903, gift cards issued by 5th Ave Fitness are valid for at least 5 years from the date of issue and are not subject to dormancy or inactivity fees. Gift card value is redeemed as account credit toward your first qualifying purchase.

9. Challenge Program Registration Fees

Registration fees for seasonal challenge programs (e.g., the Spring Into Summer Challenge) are non-refundable regardless of whether you complete the challenge, withdraw voluntarily, or are disqualified from prize eligibility, except where a partial or full refund is separately offered in that challenge's specific program terms. Active Progress and Transformation members receive challenge registration at no cost as a membership perk.

10. Failed or Declined Payments

If a recurring membership charge is declined, we will automatically retry the charge over a period of up to three weeks and notify you by email after each attempt. You may update your payment method at any time through the client portal. If all retry attempts fail, your membership will be canceled and any sessions on the calendar beyond 7 days from that point will be released.

11. Assumption of Risk

Your participation in fitness activities at 5th Ave Fitness, including the risks inherent to exercise and any fitness testing, is governed by the separate Informed Consent and Acknowledgment of Risk form, which you sign before your first session. Nothing in these Terms modifies or replaces that form.

12. Changes to These Terms

5th Ave Fitness may update these Terms from time to time. Material changes will be communicated by email or posted notice at the studio prior to taking effect. Continued use of our services after changes take effect constitutes acceptance of the revised Terms.

13. Contact

Questions about these Terms, billing, cancellations, or refunds can be directed to the studio at 688 Union Street, Brooklyn, NY, or through the client portal.

Last updated: 9/10/2026 — 5th Ave Fitness LLC, Brooklyn, NY