MEMBERSHIP POLICIES

COMMUNICATION DISCLOSURE

Member understands that Asphalt Green will not, under any circumstance, accept verbal or in-person requests to modify accounts, including cancellation and billing freezes. All requests must be submitted in writing by electronic mail sent to billing@asphaltgreen.org or through our website at asphaltgreen.org. No exceptions.

EFT/AUTO ROLLOVER RIDER: I understand that this membership rider authorizes Asphalt Green to charge monthly payments on the account provided and post the payments to the account using Electronic Funds Transfer (EFT). I understand this Contract cannot be canceled for a minimum period of 12 months, except as specifically provided for in this agreement. After that time, I understand this agreement becomes a monthly contract, canceled upon my written request 30 days prior to my next billing date. In no case shall monthly payments be retroactively refunded.

MEMBERSHIP AGREEMENT

I have read and agree to the provisions listed on this contract and confirm that the information given above is correct. Any false or incorrect statements may jeopardize membership. The staff of any activity shall have the right to exclude from participation any individual who in the staff’s opinion should not physically participate in the activity. Asphalt Green reserves the right to close a program or activity as the result of limited enrollment, emergencies, unforeseen circumstances, or events beyond its control. Asphalt Green does not discriminate against any persons because of race, religion, ethnic origins, disability, sexual orientation, or age.

DAYS CLOSED

Members agree that Asphalt Green facilities may be temporarily closed on legal holidays, special events, and for maintenance purposes when necessary. Our pools will be closed for maintenance for up to three weeks per year. These closures allow us to conduct necessary repairs, deep cleaning, and inspections to ensure a safe and high-quality swimming environment. Members will receive advance notice of scheduled maintenance closures.

Asphalt Green reserves the right to close early on other holidays. If the use of Asphalt Green facilities and/or equipment are limited due to malfunctioning of any or all of the center’s equipment, provided Asphalt Green takes steps reasonably required to restore full use of the facilities, Asphalt Green has no obligation to extend the term of the Membership Agreement or to otherwise compensate Members as a result thereof. Asphalt Green will post facility hours.

TERMS AND CONDITIONS

MEMBERSHIP: The Member shall be the sole owner of the Membership. The Membership is not transferable except as set forth below. The Membership shall entitle the Member to the use of the facilities at Asphalt Green, at such times, and to such extent applicable to the kind of Membership purchased, as specified on the front page of this Contract, which definitions of Membership are incorporated in and made a part hereof. A valid membership ID card is required for access to and use of the facilities. A non-refundable fee of $10 may be charged for replacing a membership ID card. Member must be 17 years of age or older. Proof may be required.

MEMBERSHIP RATE: Asphalt Green reserves the right to change the Membership rates. Such changes will not retroactively effect Member herein during the pre-existing term of the Membership Contract. In addition to the cost of Membership, Member shall also pay additional fees for certain classes, programs, and services that are not specified in the description of the Membership purchase. All times, fees, rules, and regulations are subject to change by Asphalt Green management at its sole discretion.

DOWNGRADE OF A FAMILY I OR FAMILY II MEMBERSHIP: If a Family would like to downgrade their membership to a Gym or Day membership before fulfilling the 12-month contract, this is an effective cancellation of existing contract, and there will be a fee to downgrade equivalent to one months membership, plus a charge for the difference between the member rate and non-member rate if the Family took advantage of the preferred membership pricing for children’s program classes.

MEMBERSHIP FREEZE POLICY:

As a courtesy to our members, Asphalt Green offers two types of membership freezes: 

Personal Freeze: All members may freeze their membership once per anniversary year for a minimum of one (1) month up to a maximum of three (3) months for personal reasons. A $35 fee is required to activate a personal freeze. 

Medical Freeze: All members may freeze their membership once per anniversary year for a minimum of one (1) month up to a maximum of six (6) months for medical reasons. A doctor’s note explicitly stating that you are unable to engage in physical activity is required to activate a medical freeze. No fee is required to activate a medical freeze. 

Qualification and Notice Requirement:  

Membership accounts with an outstanding balance at the time of the request are not eligible to be frozen. 

All membership freezes are applied on a monthly basis. The deadline to submit your request to freeze your membership is five business days before the first day of the following month (for example, we must receive your membership freeze request no later than October 27, to start the freeze on November 1).

Billing During Membership Freeze: 

A membership freeze may only be applied for future billing. Freezes are non-transferable and do not accrue. All unused freeze time expires at the end of the anniversary year. Months that have already been billed may not be frozen or refunded. Billing will automatically resume after three months for personal leave and six months for medical leave.  

Unfreezing Your Membership: 

To request an earlier reactivation of your membership, email membershipbilling@asphaltgreen.org. 

Paid-in-Full and Annual Commitment Membership: 

If you have a paid-in-full or monthly Annual Commitment membership, the renewal date of your membership will be adjusted to reflect any freeze that was applied to your membership.

ASPHALT GREEN’S RIGHT TO REVOKE MEMBERSHIP: Member has been informed and understands that Asphalt Green may revoke the Membership in the event of Member’s 1. Material breach of any of the provisions of this Contract or of Asphalt Green’s rules and regulations; or 2. Generally undesirable behavior, which shall be determined by Asphalt Green at its sole discretion.

RULES AND REGULATIONS: This Contract is subject to the rules and regulations established by Asphalt Green including those delivered to you with this Contract, receipt of which you hereby acknowledge. The Member understands that Asphalt Green reserves the right to make reasonable rules and regulations for the operation of its facilities and that the rules and regulations may be changed or amended by Asphalt Green in its sole discretion from time to time without notice. Member agrees to abide by all rules and regulations promulgated by Asphalt Green.

NO CLAIMS BY ASPHALT GREEN AS TO MEDICAL RESULTS TO MEMBER: Member understands that Asphalt Green has made no claims as to medical results which Member might obtain through the use of Asphalt Green facilities and that Asphalt Green has not and will not suggest any medical treatment(s) to Member. Member does not have any medical or physical condition which would prevent or preclude Member from utilizing all or any of Asphalt Green’s facilities and that Member has not been instructed by any physician not to use any of the facilities. Please take notice that if Member has any chronic physical disability or medical condition, Member may be at great risk in using Asphalt Green facilities.

MEMBER’S ASSUMPTION OF RISK: Member is aware that the use of Asphalt Green’s facilities involves certain risks of injury and Member expressly assumes the risk and responsibility for any and all accidents or injuries of any kind which Member may sustain by reason of Member’s physical exercise and use of Asphalt Green facilities. Member hereby releases, discharges, and absolves Asphalt Green and The City of New York, their respective agents, officers, and employees, from any and all liability, loss, costs, or expenses (including attorney’s fees and disbursements) incurred by Member as a result of any accident and/or injury except to the extent an accident or injury is caused by or results from the negligence or willful misconduct of Asphalt Green or The City of New York, their respective agents, officers, or employees. Asphalt Green is not responsible for any lost or stolen items.

MEMBER’S RIGHT TO ASSIGN: Member will not sell, assign, or transfer Member’s rights under this Contract, Member’s Membership, or any other right or privilege stated in this Contract, unless the following conditions are satisfied by Member: I. It shall be Member’s sole obligation to find a substitute member; 2. Member shall pay Asphalt Green a $50 assignment fee at the time of transfer to the substitute member; 3. Member shall return to Asphalt Green the unexpired ID Card and Member’s copy of the Contract; 4. Member shall authorize the assignment of Membership by prior written notice to Asphalt Green; 5. The substitute member must satisfy Asphalt Green’s requirements for Membership; 6. No assignment occurs at least sixty (60) days before the expiration date of the Member’s Membership; 7. Member and the substitute member shall sign Asphalt Green’s assignment form; and 8. Member may only assign the entire portion of the Term remaining under Member’s Contract. The substitute member may not thereafter further assign his or her Membership.

MISCELLANEOUS PROVISIONS: This Contract is governed by and shall be construed by the Laws of The State of New York applicable to agreements to be wholly performed in New York. Any Dispute herein shall be resolved in a Court located in The County of New York, State of New York, and both parties? consent to the jurisdiction of such Court. A waiver by either Asphalt Green or Member of any term or condition of this Contract in a particular instance shall not be considered a waiver of such term or condition for the future. Member understands that this Contract represents the entire agreement between Member and Asphalt Green concerning the subject hereof; that this Contract may not be changed, amended, or any provision waived, except by a written document signed by Member and Asphalt Green and that Asphalt Green has made no representations to Member other than those expressly contained in this Contract. In this connection, it is understood and agreed that employees and agents of Asphalt Green are not authorized to make any change in this Contract or to make any independent agreement with Member unless such agreement is in writing constitutes an amendment to this Contract and is duly executed by Asphalt Green’s Management. If any provisions of this contract shall be held void or unenforceable, the remaining provisions of this Contract shall continue in full force and effect.

*DISCLOSURE REQUIREMENT FOR SOLICITATION: A copy of Asphalt Green’s latest annual financial report may be obtained, upon request, from Asphalt Green or from the New York State Attorney General’s Charities Bureau, Attn: FOIL Officer, 120 Broadway, New York, New York 10271.

PHOTOGRAPHY CONSENT FORM: For valuable consideration herein acknowledged as received, I hereby grant to Asphalt Green, Inc. and/or its legal representatives and assigns, the irrevocable, absolute and unrestricted right to use and publish the likeness, portraits, photographs films or videos of me, or in which I may be included, for editorial, trade, advertising and any other purpose and in any manner and medium, and to copyright same. I hereby release Asphalt Green, Inc. and its legal representatives and assigns from all claims, royalties and liability relating to the use of said likeness, portraits, photographs or films/videos.

RIGHT OF CANCELLATION

1. CONSUMERS RIGHT TO CANCELLATION.
   
   

You may cancel this contract without any penalty or further obligation within three (3) business days of signing.

Other cancellation notifications received outside of the initial three days are subject to a net due in the amount of a one month early termination fee less the prorated membership dues utilized within the month. For example, if notification of cancellation is received on the 15th of the month, the annual contract termination would be equal to a penalty of one month’s membership fees, less 15 days refund for the first 15 days utilization.

• Additional Right to Cancellation without penalty:
  You may also cancel this contract without incurring any penalty for any of the following reasons:

1. If upon a doctor’s order, you cannot physically receive any services Asphalt Green offers because of significant physical disability for a period in excess of three months.

• If you die, your estate shall be relieved of any further obligation for payment under the contract not then due and owing.

• If you move your residence more than twenty-five miles from any health club operated by seller. Proof is required.

• If the services cease to be offered as stated in the contract.

If Member cancels this contract pursuant to above Member will provide Asphalt Green with written substantiation of such grounds for cancellation. Cancellation will be effective within 3 business days after receipt of notice of cancellation together with written substantiation. The prorated portion of the Membership Fee shall be refunded to Member within ten (10) days after Asphalt Green’s receipt of such written notice of cancellation, along with reasonable evidence for cancellation pursuant to the above reasons.

• You may cancel this contract within fifteen (15) days after the renewal date hereof.

• All Annual Commitment contracts that do not meet the cancellation requirement set forth in Section (B) above are subject to a one-month termination fee if cancelled before the contract expires.
  
  
• Note that Asphalt Green has a 10-day grace period from notification date to calculate and collect/refund the account.

MEDICAL DISCLAIMER

Member represents that Member is in good health and that Member has no health condition, illness, or communicable disease that may make Member’s use of Asphalt Green therein injurious to Member or other users of Asphalt Green. If Member should develop any such conditions, illness or disease during the term of contract period, Member promises to discontinue his or her membership until Member has received an appropriate medical release from Member’s doctor authorizing Member to continue using the facilities. Member further promises to indemnify and hold Asphalt Green and The City of New York harmless from all liability, damages, costs, and expenses including, without limitation, reasonable attorney’s fees which Asphalt Green or The City of New York may incur if Member or any third party should sustain injury or damage while using the facilities, which is caused in any way by Member’s condition, illness, or disease. Member has consulted with Member’s physician and has received approval for Member’s intended use of Asphalt Green’s facilities and equipment.

ADDITIONAL TERMS

Family Membership: Individuals who are 18 years old cannot be listed as children on a Family 1 or Family 2 membership. When a member of a Family 1 or Family 2 membership turns 18 during a contract year, they are allowed to fulfill the current contract as a Family 1 or Family 2. The account holder will be notified as their annual commitment expires to transition the Family 1 or Family 2 account to a different membership option.

If a Family 1 membership includes one adult and one child who turns 18, after the annual commitment contract expires, the 18-year-old child and adult membership will automatically convert to two individual Gold Month to Month memberships if no action is taken.

Young Professional: When a member turns 26, they will no longer be eligible for a Young Professional membership, and are allowed to fulfill the current contract if they turn 26 within the contract year. They will be notified after their annual commitment expires, to choose a different membership tier. If no action is taken, their membership will automatically convert to a Gold membership.

COMMUNICATION DISCLOSURE

Member understands that Asphalt Green will not, under any circumstance, accept verbal or in-person requests to modify accounts, including cancellation and billing freezes. All requests must be submitted in writing by electronic mail sent to billing@asphaltgreen.org or through our website at asphaltgreen.org. No exceptions.

MONTH TO MONTH MEMBERSHIP TERMS

I have read and agree to the provisions listed in this agreement and confirm that the information given above is correct. Any false or incorrect statements may jeopardize membership. The staff of any activity shall have the right to exclude from participation any individual who in the staff’s opinion should not physically participate in the activity. Asphalt Green reserves the right to close a program or activity as the result of limited enrollment, emergencies, unforeseen circumstances, or events beyond its control. Asphalt Green does not discriminate against any persons because of race, religion, ethnic origins, disability, sexual orientation, or age.

DAYS CLOSED

Members agree that Asphalt Green facilities may be temporarily closed on legal holidays, special events, and for maintenance purposes when necessary. Our pools will be closed for maintenance for up to three weeks per year. These closures allow us to conduct necessary repairs, deep cleaning, and inspections to ensure a safe and high-quality swimming environment. Members will receive advance notice of scheduled maintenance closures.

Asphalt Green reserves the right to close early on other holidays. If the use of Asphalt Green facilities and/or equipment are limited due to malfunctioning of any or all of the center’s equipment, provided Asphalt Green takes steps reasonably required to restore full use of the facilities, Asphalt Green has no obligation to extend the term of the Membership Agreement or to otherwise compensate Members as a result thereof. Asphalt Green will post facility hours.

TERMS AND CONDITIONS

MEMBERSHIP: The Member shall be the sole owner of the Membership. The Membership is not transferable except as set forth below. The Membership shall entitle the Member to the use of the facilities at Asphalt Green, at such times, and to such extent applicable to the kind of Membership purchased, as specified on the front page of this agreement, which definitions of Membership are incorporated in and made a part hereof. A valid membership ID card is required for access to and use of the facilities. A non-refundable fee of $10 may be charged for replacing a membership ID card. Member must be 17 years of age or older. Proof may be required.

MEMBERSHIP RATE: Asphalt Green reserves the right to change the Membership rates. Such changes will not retroactively effect Member herein during the pre-existing term of the Membership Agreement. In addition to the cost of Membership, Member shall also pay additional fees for certain classes, programs, and services that are not specified in the description of the Membership purchase. All times, fees, rules, and regulations are subject to change by Asphalt Green management at its sole discretion.

DOWNGRADE OF A FAMILY I OR FAMILY II MEMBERSHIP: If a Family would like to downgrade to a Gold, or Gym only membership, such change is effective the following month after notice is received. Downgrades are not applicable mid-month for Month to Mon memberships

MEMBERSHIP FREEZE POLICY:

As a courtesy to our members, Asphalt Green offers two types of membership freezes: 

Personal Freeze: All members may freeze their membership once per anniversary year for a minimum of one (1) month up to a maximum of three (3) months for personal reasons. A $35 fee is required to activate a personal freeze. 

Medical Freeze: All members may freeze their membership once per anniversary year for a minimum of one (1) month up to a maximum of six (6) months for medical reasons. A doctor’s note explicitly stating that you are unable to engage in physical activity is required to activate a medical freeze. No fee is required to activate a medical freeze. 

Qualification and Notice Requirement:  

Membership accounts with an outstanding balance at the time of the request are not eligible to be frozen. 

All membership freezes are applied on a monthly basis. The deadline to submit your request to freeze your membership is five business days before the first day of the following month (for example, we must receive your membership freeze request no later than October 27, to start the freeze on November 1).

Billing During Membership Freeze: 

A membership freeze may only be applied for future billing. Freezes are non-transferable and do not accrue. All unused freeze time expires at the end of the anniversary year. Months that have already been billed may not be frozen or refunded. Billing will automatically resume after three months for personal leave and six months for medical leave.  

Unfreezing Your Membership: 

To request an earlier reactivation of your membership, email membershipbilling@asphaltgreen.org.

ASPHALT GREEN’S RIGHT TO REVOKE MEMBERSHIP: Member has been informed and understands that Asphalt Green may revoke the Membership in the event of Member’s 1. Material breach of any of the provisions of this Contract or of Asphalt Green’s rules and regulations; or 2. Generally undesirable behavior, which shall be determined by Asphalt Green at its sole discretion.

RULES AND REGULATIONS: This agreement is subject to the rules and regulations established by Asphalt Green including those delivered to you with this agreement, receipt of which you hereby acknowledge. The Member understands that Asphalt Green reserves the right to make reasonable rules and regulations for the operation of its facilities and that the rules and regulations may be changed or amended by Asphalt Green in its sole discretion from time to time without notice. Member agrees to abide by all rules and regulations promulgated by Asphalt Green.

NO CLAIMS BY ASPHALT GREEN AS TO MEDICAL RESULTS TO MEMBER: Member understands that Asphalt Green has made no claims as to medical results which Member might obtain through the use of Asphalt Green facilities and that Asphalt Green has not and will not suggest any medical treatment(s) to Member. Member does not have any medical or physical condition which would prevent or preclude Member from utilizing all or any of Asphalt Green’s facilities and that Member has not been instructed by any physician not to use any of the facilities. Please take notice that if Member has any chronic physical disability or medical condition, Member may be at great risk in using Asphalt Green facilities.

MEMBER’S ASSUMPTION OF RISK: Member is aware that the use of Asphalt Green’s facilities involves certain risks of injury and Member expressly assumes the risk and responsibility for any and all accidents or injuries of any kind which Member may sustain by reason of Member’s physical exercise and use of Asphalt Green facilities. Member hereby releases, discharges, and absolves Asphalt Green and The City of New York, their respective agents, officers, and employees, from any and all liability, loss, costs, or expenses (including attorney’s fees and disbursements) incurred by Member as a result of any accident and/or injury except to the extent an accident or injury is caused by or results from the negligence or willful misconduct of Asphalt Green or The City of New York, their respective agents, officers, or employees. Asphalt Green is not responsible for any lost or stolen items.

MEMBER’S RIGHT TO ASSIGN: Member will not sell, assign, or transfer Member’s rights under this agreement, Member’s Membership, or any other right or privilege stated in this agreement, unless the following conditions are satisfied by Member: I. It shall be Member’s sole obligation to find a substitute member; 2. Member shall pay Asphalt Green a $50 assignment fee at the time of transfer to the substitute member; 3. Member shall return to Asphalt Green the unexpired ID Card and Member’s copy of the Contract; 4. Member shall authorize the assignment of Membership by prior written notice to Asphalt Green; 5. The substitute member must satisfy Asphalt Green’s requirements for Membership; 6. No assignment occurs at least sixty (60) days before the expiration date of the Member’s Membership; 7. Member and the substitute member shall sign Asphalt Green’s assignment form; and 8. Member may only assign the entire portion of the Term remaining under Member’s Contract. The substitute member may not thereafter further assign his or her Membership.

MISCELLANEOUS PROVISIONS: This agreement is governed by and shall be construed by the Laws of The State of New York applicable to agreements to be wholly performed in New York. Any Dispute herein shall be resolved in a Court located in The County of New York, State of New York, and both parties consent to the jurisdiction of such Court. A waiver by either Asphalt Green or Member of any term or condition of this agreement in a particular instance shall not be considered a waiver of such term or condition for the future. Member understands that this agreement represents the entire agreement between Member and Asphalt Green concerning the subject hereof; that this agreement may not be changed, amended, or any provision waived, except by a written document signed by Member and Asphalt Green and that Asphalt Green has made no representations to Member other than those expressly contained in this agreement. In this connection, it is understood and agreed that employees and agents of Asphalt Green are not authorized to make any change in this agreement or to make any independent agreement with Member unless such agreement is in writing constitutes an amendment to this agreement and is duly executed by Asphalt Green’s Management. If any provisions of this agreement shall be held void or unenforceable, the remaining provisions of this agreement shall continue in full force and effect.

*DISCLOSURE REQUIREMENT FOR SOLICITATION: A copy of Asphalt Green’s latest annual financial report may be obtained, upon request, from Asphalt Green or from the New York State Attorney General’s Charities Bureau, Attn: FOIL Officer, 120 Broadway, New York, New York 10271.

PHOTOGRAPHY CONSENT FORM: For valuable consideration herein acknowledged as received, I hereby grant to Asphalt Green, Inc. and/or its legal representatives and assigns, the irrevocable, absolute and unrestricted right to use and publish the likeness, portraits, photographs films or videos of me, or in which I may be included, for editorial, trade, advertising and any other purpose and in any manner and medium, and to copyright same. I hereby release Asphalt Green, Inc. and its legal representatives and assigns from all claims, royalties and liability relating to the use of said likeness, portraits, photographs or films/videos.

RIGHT OF CANCELLATION: Month to Month Memberships

1. CONSUMERS RIGHT TO CANCELLATION.
   
   

YOU MAY CANCEL THIS AGREEMENT WITHOUT ANY PENALTY OR FURTHER OBLIGATION WITHIN THREE (3) BUSINESS DAYS OF THE START OF THE MONTH. Asphalt Green agrees to refund monthly membership dues if notification to cancel is received via email within the first three days of the month.       

• ADDITIONAL RIGHTS TO CANCELLATION

If notification to cancel is received after the first three days of the month, Asphalt Green will terminate the Month to Month membership on the last day of the notification month. Asphalt Green policy will not prorate or refund Month to Month memberships during the month of notification, and member has membership level access through the first of the following month.

MEDICAL DISCLAIMER

Member represents that Member is in good health and that Member has no health condition, illness, or communicable disease that may make Member’s use of Asphalt Green therein injurious to Member or other users of Asphalt Green. If Member should develop any such conditions, illness or disease during the term of contract period, Member promises to discontinue his or her membership until Member has received an appropriate medical release from Member’s doctor authorizing Member to continue using the facilities. Member further promises to indemnify and hold Asphalt Green and The City of New York harmless from all liability, damages, costs, and expenses including, without limitation, reasonable attorney’s fees which Asphalt Green or The City of New York may incur if Member or any third party should sustain injury or damage while using the facilities, which is caused in any way by Member’s condition, illness, or disease. Member has consulted with Member’s physician and has received approval for Member’s intended use of Asphalt Green’s facilities and equipment.

ADDITIONAL TERMS

Downgrade or Upgrade of Membership Type: Any membership upgrade or downgrade must be submitted in writing to billing@asphaltgreen.org at least five days before the desired billing cycle. No upgrades or downgrades are allowable mid-month, and will take effect the following month after notice is received.

Family Membership: Individuals who are 18 years old cannot be listed as children on a Family 1 or Family 2 membership. When a member of a Family 1 or Family 2 membership turns 18, their membership will be canceled. To retain membership, they must transition to a different membership option.

If a Family 1 membership includes one adult and one child who turns 18, the 18-year-olds membership will be cancelled and the initial adult’s membership will automatically convert to a Gold membership if no action is taken.

Young Professional: When a member turns 26, they will no longer be eligible for a Young Professional membership. They will be notified to choose a different membership tier. If no action is taken, their membership will automatically convert to a Gold membership.