PRO Martial Arts of Shavano Park

Complaint: ***
I am rejecting this response because:
The referenced agreement was not signed by me nor my husband, and is not dated. There was never an "admission" from me otherwise on this
Regards,
*** ***

Revdex.com Corporate Office
La Posada Drive
Austin, TX
78752 August
Complaint ID: ***
Revdex.com ID: ***
PRO Martial Arts-Shavano Park
On June 16, 2014, Mrs*** signed an agreement with PRO Martial Arts-Shavano Park to enroll her daughter in the Little Rhino program. Part of the agreement she signed was for her credit card to be debited on the 15th of every month. Also, the cancellation policy was explained and the block label “CANCELLATION” on the agreement was checked and addressed the written notice requirement for cancellation. There is also a paragraph that explains in detail the procedure that must be followed to cancel the agreement. It states, “If you wish to cancel this agreement, you may cancel by delivering or mailing by certified mail, receipt requested, written notice to this health club.” It goes on to explain the process in further detail
On July 8th, Mrs*** emailed PRO Martial Arts and told us to place her account on “hold” starting August (she brought her daughter into the dojo on August to train anyway)On the same day, Mrs*** sent PRO Martial Arts a notice through the website stating that she wanted to, “take a break until my husband is back from deployment before we start again”. At no time did she use the words “cancel” or “terminate”. Her credit card was charged on August which she has disputed and still has not paid.
We offer our members the option to place their account on hold for a maximum of days to accommodate summer vacations and extended time away from training. It is simply an option we provide to our members as a courtesy
On August, PRO Martial Arts received written notice from Mrs*** requesting her membership be “terminated”. This was the first correspondence from Mrs*** using the words terminate or cancel
Mrs*** received an email from Member Solutions (the billing company) that her account was delinquent. On August, Member Solutions sent another email to Mrs*** asking for documentation showing where she requested to cancel the agreement, Mrs*** sent an email back to Member Solutions stating she did not have any documentation
At this point, I offered Mrs*** two options. “1.) We can put your account on hold for the maximum period we can, which is two months, effective August (as your email instructed) and the August 15th payment will be waived. After the two months, your account will become active again and you can continue to attend
2.)If you wish to cancel your membership with us, we can use the date you notified our Program Director in writing (August) with the understanding that your account would be charged for days from that date, which in your case would be October as your last day and the August payment would be due immediately.”
Mrs*** opted for the “hold” option (#1) in a August email. She was notified several times, in writing, that her credit card will be billed for days once the “hold” status ends
All of this is fact and backed up in writing via email. I can provide copies of all upon written request
Regarding the desired settlement Mrs*** is asking for; there is no record of a 50% discount for June and July in the records, nor has PRO Martial Arts ever offered such a discount. Therefor I do not agree to that request. In the interest of compromise, PRO Martial Arts is offering to waive the day termination agreement IF she will lift the dispute of the August payment and immediately pay the $that was due on AugustHer account will be terminated after the payment is received
PRO Martial Arts has written records of all correspondence and is legally correct according to legal counsel to charge Mrs***’s credit card in accordance with the written and signed agreement
Original signed
*** ***
PRO Martial Arts-Shavano Park
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Attached are the scanned copies of the documents that will prove my case. A copy of the agreement, signed by her husband (her admission). As you can see, she did not notify us until August that she wanted to “Terminate” her account, up until then and including her original contact form, she stated her intention to put the account on “Hold”. I’m sure Mrs*** is an intelligent enough woman to know the difference between the words “hold” and “terminate or cancel”. The hold is an option that we graciously offer our clients as a service. We have no obligation to use it and have since discontinued its use. Note the cancellation policy on the agreement is checked and fully explained in the narrative
As far as the 50% offer, we would be more than happy to accommodate her wishes in that regard, but she must remit payment in accordance with the cancellation policy, which means she owes days’ worth of membership fees. If no payment is received by midnight October CST, we will refer this matter back to the billing company and their collections agency
PRO Martial Arts of Shavano Park stands by its conduct in this situation.
** *** ***

See attached

Complaint: [redacted]
I am rejecting this response because:
1. I did not sign any agreement on June 16.  This was the day of the first class that my daughter took, but I did not sign any paperwork that day.  The copy of the signed paperwork that was furnished to me by [redacted] last month is not dated and does not have my signature on it.
2. My desire to only do 60 days of training was made clear verbally (and acknowledged by [redacted] on multiple occasions) before we started classes, and the cancellation policy should have been explained to me at that time.
3. My use of the word "hold" in the July email was prompted by [redacted], an employee of PRO Martial Arts.  I did not realize that there was a difference between "hold" and "cancellation" or "termination."  There is no mention of a "hold" option or maximum hold duration in any of the paperwork I have from the company.
4. I uploaded a copy of the June/July discount ad in my original message.  It was published in several issues of Our Kids magazine.  Is that uploaded ad fraudulent?  Please clarify.
Regards,
[redacted]

Complaint: [redacted]
I am rejecting this response because:
 
This is the same response I received last week.  The business has not acknowledged nor addressed the response I wrote at that time.
Regards,
[redacted]