Arbitration Provision Contained In Terms Of Use But Not Membership Agreement Nonetheless Mandate Arbitration Of Health Club Dispute

The Southern District of New York has held that a purported class action against a health club by a member whose access was precluded due to Covid is subject to arbitration. In Jampol v. Blink Holdings, Inc, the court held that even though the Membership Agreement did not provide for arbitration, the Terms of Use to which the member assented did contain a broad arbitration provision and were controlling.