The new YORK athletic club (the "club") is a corporation as defined in subparagraph (a)(5) of section 102 of the not-for-profit corporation law of the state of new YORK and is a private membership organization. The club is a type a not-for-profit corporation under section 201 of the n.y. Not-for-profit corporation law. The purposes of the club, not for pecuniary profit or financial GAIN, are to promote sports, exercise, and athletics of every kind and to encourage physical fitness.