In regards to the ID above, I'd like to submit a formal answer for said complaint. The individual in question was given opportunities to have the service replaced at no charge or penalty. It has always been my hope and attempt to handle the complains in a reasonable fashion. To get a...
accurate picture, I've included correspondence: Here is individuals complaint via email dated (Aug 19, 2016). Seeing that I'm going into month 3, I'd like to know what options I have to terminate the contract considering that I haven't received any of the services listed as 'part of the process'. Aside from my initial consultation (which was a separate fee) I haven't had any health coaching, assessment, customized nutritional guidance, or evaluation. I've had 2 appointments for just basic exercise instruction (the trainer was out of town) and there was poor communication as to when/ how to proceed. Considering I haven't received any of the expected services, and already paid $499 (for 2 months of the program plus initial consultation), I feel that it would be fair to not have to pay the 30% termination fee, as services were not rendered as expected. I look forward to your response. Thank you. Sincerely, [redacted]Our response via email (Aug 22nd, 2016) "[redacted], Unfortunately,those are two issues. 1) Customer service 2) NYS Contact Law Please see contract attached. I can help and handle customer service, training issues etc. Paragraph seven (7) of the contract: 7. Client understands that Dr. Derek/Alessi Fitness Inc. will change trainers as deemed appropriate throughout the program. Dr. Derek/Alessi Fitness does not guarantee the same trainer for each session. Client understands that they are entering into an agreement with Dr. Derek/Alessi Fitness Inc. and not individual trainers. If a trainer leaves or is terminated from Dr. Derek/Alessi Fitness for any reason during your term, Dr. Derek/Alessi Fitness will find a qualified replacement trainer(s) to accommodate your service. For those reasons I suggested we meet on July 29/30 and again today. My hope was to help solve this issue by offering a "reset" to the program, new design, different trainer with a complimentary month. Regarding your contract - we are bound by the following covenants (attached). 1. Please note, after minimum term has been reached, billing will continue on a monthly basis unless client provides in writing (do not send certified – PO Box cannot accept) or email the desire to discontinue prior to 7-days before their anniversary date of the month. 2. Early Termination - If you must permanently cancel service for any reason prior to the end of your contract, you will be charged 30-percent the balance of the contract in one lump sum payment. Otherwise the terms your contact will continue. 3. After 24-months, there is a 3% increase adjustment to the lowest base price. ...⇄ Any failure to uphold the payment of dues within the stipulated time of the contract will be presented to either collections or the Town of [redacted] for judgment and collections. Pursuant to NYS General Business Law Sec 624, client has the right to rescind the contract within three business days. 5. If client exercises NYS General Business Law Sec 624, and nutritional information has been sent, a fee of $200 will be charged. 6. Dr. Derek/Alessi Fitness Inc is not the holder of your contract. Contracts are assigned to a third party financial institution. Once again, my hope is to help solve this issue without NYS legal/third party financial involvement. Please let me know how I can be of assistance." Respectfully, Derek Alessi I can include contract if you wish. I attempted to resolve the issue multiple time, beginning July 29. The individual has also failed to respond to voice messages left, attempting to address the concerns. As of yet, I have not filed the contract with the Town of [redacted], however, this contract is in breach. At this point, I am not certain what other actions a business could possibly provide. Very truly yours, Derek Alessi Ph.D
In regards to the ID above, I'd like to submit a formal answer for said complaint. The individual in question was given opportunities to have the service replaced at no charge or penalty. It has always been my hope and attempt to handle the complains in a reasonable fashion. To get a...
accurate picture, I've included correspondence: Here is individuals complaint via email dated (Aug 19, 2016). Seeing that I'm going into month 3, I'd like to know what options I have to terminate the contract considering that I haven't received any of the services listed as 'part of the process'. Aside from my initial consultation (which was a separate fee) I haven't had any health coaching, assessment, customized nutritional guidance, or evaluation. I've had 2 appointments for just basic exercise instruction (the trainer was out of town) and there was poor communication as to when/ how to proceed. Considering I haven't received any of the expected services, and already paid $499 (for 2 months of the program plus initial consultation), I feel that it would be fair to not have to pay the 30% termination fee, as services were not rendered as expected. I look forward to your response. Thank you. Sincerely, [redacted]Our response via email (Aug 22nd, 2016) "[redacted], Unfortunately,those are two issues. 1) Customer service 2) NYS Contact Law Please see contract attached. I can help and handle customer service, training issues etc. Paragraph seven (7) of the contract: 7. Client understands that Dr. Derek/Alessi Fitness Inc. will change trainers as deemed appropriate throughout the program. Dr. Derek/Alessi Fitness does not guarantee the same trainer for each session. Client understands that they are entering into an agreement with Dr. Derek/Alessi Fitness Inc. and not individual trainers. If a trainer leaves or is terminated from Dr. Derek/Alessi Fitness for any reason during your term, Dr. Derek/Alessi Fitness will find a qualified replacement trainer(s) to accommodate your service. For those reasons I suggested we meet on July 29/30 and again today. My hope was to help solve this issue by offering a "reset" to the program, new design, different trainer with a complimentary month. Regarding your contract - we are bound by the following covenants (attached). 1. Please note, after minimum term has been reached, billing will continue on a monthly basis unless client provides in writing (do not send certified – PO Box cannot accept) or email the desire to discontinue prior to 7-days before their anniversary date of the month. 2. Early Termination - If you must permanently cancel service for any reason prior to the end of your contract, you will be charged 30-percent the balance of the contract in one lump sum payment. Otherwise the terms your contact will continue. 3. After 24-months, there is a 3% increase adjustment to the lowest base price. ...⇄ Any failure to uphold the payment of dues within the stipulated time of the contract will be presented to either collections or the Town of [redacted] for judgment and collections. Pursuant to NYS General Business Law Sec 624, client has the right to rescind the contract within three business days. 5. If client exercises NYS General Business Law Sec 624, and nutritional information has been sent, a fee of $200 will be charged. 6. Dr. Derek/Alessi Fitness Inc is not the holder of your contract. Contracts are assigned to a third party financial institution. Once again, my hope is to help solve this issue without NYS legal/third party financial involvement. Please let me know how I can be of assistance." Respectfully, Derek Alessi I can include contract if you wish. I attempted to resolve the issue multiple time, beginning July 29. The individual has also failed to respond to voice messages left, attempting to address the concerns. As of yet, I have not filed the contract with the Town of [redacted], however, this contract is in breach. At this point, I am not certain what other actions a business could possibly provide. Very truly yours, Derek Alessi Ph.D