Classes

The annual membership fee is $145/month for 1 class a week, $225/month for 2 classes a week, or $399/month for the family plan accommodating up to 4 children (1 class per week, per child). The membership entitles members (“Member”, “Members”) and their children and caregivers to use the facility consistent with its policies and procedures, which are subject to change without notice, for 365 days.

Membership is not ownership and does not entitle the Member to vote or take part in the management or business affairs of NY Kids Club.

Membership and Payment

We encourage membership and full enjoyment of our facilities. We will not discriminate in the granting or revocation of membership on the basis of race, creed, color, religion, sex, sexual orientation, disability, or national origin.

The Membership fee will include only the following discounts and benefits:

• 5 Open Play passes a month
• 10% savings on Birthday Parties
• 10% savings on Camps

Memberships will begin on date of purchase and continue for a period of one (1) year. Fees are payable either in full at the time of registration or on a monthly billing cycle for which additional processing fees may apply. Acceptable forms of payment include cash or personal checks (when paying in person), Visa, MasterCard, or American Express. All checks should be made payable to NY Kids Club.

As a NY Kids Club Member, you will receive email communication from us so that we can keep you updated on NY Kids Club’s latest news, offerings, discounts and events. You can opt out of this communication at any time.

During periods of construction, repair efforts, maintenance and special events, NY Kids Club reserves the right to close, limit or restrict the use of its facilities in whole or part in its sole discretion. The foregoing limitations does not constitute a breach of this agreement, in whole or in part.

Monthly Billing

As a Member, you agree to pay monthly Membership fees in advance. The monthly fee is $145 for 1 class a week, $225 for 2 classes a week, or $399 a month for up to 4 children (1 class per week, per child), inclusive of monthly processing fees . Monthly drafts occur on the 1st of each month, effective the second full month of membership. Upon joining NY Kids Club, the initial charge is the prorated portion of the current month in addition to the full monthly charge for the following month.

If the credit card that is kept on file at NY Kids Club is lost, stolen, or has been changed, please notify NY Kids Club immediately. Any unpaid balance past thirty (30) days may result in automatic suspension of facility privileges. Member acknowledges and agrees that NY Kids Club is entitled to recover its reasonable attorneys’ fees to enforce any provision of this agreement.

Cancellation

All memberships at NY Kids Club may be canceled at any time for any reason with 30-days written notice.

A prorated refund, sans the cost of one month of membership, will be issued in the instance of a prepaid membership cancellation.

All monthly memberships automatically renew on a month-to-month basis after the initial 12 month commitment. The monthly dues will be continued each year at the monthly rate then in effect on the Member’s anniversary date.

Members can freeze membership for up to 3 months at a time for any reason.

Monthly membership fees are subject to change and members will be notified of price increases via regular mail and email at least 45 days before changes go into effect.

Members may opt out of price increases by terminating membership with 30 day written notice by email, or in person with a manager.

Member dues are for the period of time and are no way related to actual usage of the facility. Notwithstanding the foregoing, in the event of closure of the entire facility for any reason including without limitation construction, repair or maintenance for a period exceeding one (1) month, pro-rated credit will be given such that the membership will be extended for the period of closure. Member expressly waives any other remedy.

Medical and Contact Information

It is the sole responsibility of the Member to ensure that NY Kids Club has correct and current contact information for purposes of billing, medical emergencies, or non-medical emergency contacts for any other special reason. The Member shall promptly notify NY Kids Club if there has been any change in mailing address, telephone number, email address, billing information, medical information, authorized caregivers, and emergency contact information.

Policies and Procedures

Failure to observe the policies and procedures of NY Kids Club may, in NY Kids Club’s sole discretion, result in suspension or termination of membership without refund. NY Kids Club also reserves the right to suspend or revoke a membership, or any extension of membership, at any time for any reason allowable under the law. In the event of a revocation for reasons other than failure to observe policies and procedures of NY Kids Club, such a membership revocation will include a prorated refund of the membership fee for the days remaining in the annual membership[LW14] .

• Children may participate in all programs barefoot, however, adults must wear socks. Socks can be purchased at the front desk for $1.
• Infant siblings may be brought to adult participation classes in a bjorn or a snuggly. Older siblings who are not in a bjorn or snuggly will not be allowed into class[LW15] .
• NY Kids Club will not be responsible for lost or stolen items.
• All strollers should be stowed in the stroller parking area in the lobby.
• No food, drinks, gum or candy is permitted in the gym or classrooms.
• We are a NUT FREE facility. Please refrain from bringing snacks or consuming foods containing nuts while on premises.
• Please do not bring your child to the New York Kids Club if he or she is showing any signs of illness including a runny nose, upset stomach, cough or fever. If your child is ill, we will gladly arrange for a make-up class. The New York Kids Club reserves the right to deny a sick child participation in classes or open play sessions.
• Children enrolled in independent participation classes or preschool must be picked up promptly. If the adult picking up the child is more than 15 minutes late and it is not the first occurrence, the NY Kids Club or NY Preschool will charge a $25 late pick-up fee. Should late pickups continue to occur, additional charges will be made at management discretion.

Assumption of Risk, Release, Waiver and Indemnification

Member hereby releases and discharges NY Kids Club, its owners, affiliates, agents, employees, successors and assigns, from any and all injuries, illnesses, medical conditions, damages, claims, liabilities, losses, expenses or judgments, including attorneys’ fees and court costs resulting from the Member’s, Member’s child’s, or caregiver’s participation in a program or presence on NY Kids Club’s premises, except as such may arise out of NY Kids Club’s gross negligence.

Furthermore, the Member shall indemnify and hold harmless NY Kids Club, its owners, affiliates, agents, employees, successors and assigns, against any and all injuries, illnesses, medical conditions, damages, claims, liabilities, expenses or judgments, including attorneys’ fees and court costs resulting from any negligent, grossly negligent or deliberate act or omission of the Member, Member’s child, or caregiver.

Members shall also indemnify and hold harmless NY Kids Club, its owners, affiliates, agents,employees, successors and assigns, against any and all injuries, illnesses, medical conditions, damages, claims, liabilities, expenses or judgments, including attorneys’ fees and court costs, resulting from any act or omission of other Members, Member’s children, or caregivers, causing injury to the Member’s, Member’s children’s, or caregiver’s person or property. Such indemnity and release shall not include liability for the negligent acts or omissions of NY Kids Club, its agents or employees.

Member expressly agrees that NY Kids Club may use photos taken of Member, Member’s children, and caregivers for archival, advertising and, publicity purposes.

NY Kids Club will be closed on the following days:

• New Year’s Day;
• Memorial Day;
• Independence Day;
• Labor Day;
• Thanksgiving and the first Friday thereafter; and
• Christmas Day.

The foregoing is subject to availability of services, operation of the facility and is subject to change without notice.

By registering for Membership at NY Kids Club , I acknowledge that I can read and write in the English language, that I have carefully read this agreement and have understood all of its terms, policies and procedures, releases, waivers and indemnification of the facility and that I am entering into this agreement voluntarily and intentionally.