Answer Is Fitness

This member is in contract until 7/7/2018.  That is why the cancellation has not been processed.  My manager [redacted] has been in correspondence with him about the situation.  If he wishes to cancel this contract we will gladly let him by paying the $99 buyout fee.  We have...

all documentation of correspondence if needed.

Revdex.com:
I have reviewed the response submitted by the business and have determined that the response does not satisfy or resolve my issues and/or concerns in reference to complaint # [redacted].
 Three days is not a reasonable time frame for cancellation, considering I have never been to the location  before. I have signed the contract under impression my membership is offering everything that is listed on their website, and it does not. In fact , the only services you are able to get fall into the basic membership category which cost $10/mo. Thieir website is very misleading.  I would have no problem using the membership if it covered everything it states it covers. The Canton location  does not offer group classes which are included in the plan, and I was specific what plan I wanted to get - whoever sent me the link assured me this was a link for a VIP membership and I trusted him. I understand no one forced me to sign anything, my fault was that I hurried up with with signing the agreement immediately, as I was told it's the last chance or the next day this deal will be no longer available.  I think it is reasonable that I get charged for one month but I am not okay with paying for 2 months.  Please advise. 
Regards,
[redacted]

Revdex.com:
I have reviewed the response submitted by the business and have determined that the response does not satisfy or resolve my issues and/or concerns in reference to complaint # [redacted]. Attached is the full document as provided to me from the Answer is Fitness website under "My Agreement Info", and "Contract - 11/18/2015".  The contract states, "I have read and accept the Terms and Conditions above."  It does not include any additional pages, nor make reference to additional pages, terms, or conditions. Therefore, legally this is the entire document.Again, I am simply requesting cancellation of my membership. Per the contract provided, there is no formal statement that this cannot be provided.Regards,
[redacted]

this member signed up online and did not cancel within her 3 da MBG.  When she signs up online she agrees to the terms and conditions. if you need a copy of the agreement let me know and I will post it.  Once again this membership was initiated by the member not done in the...

club.  She had 3 days to notify us in writing if she wanted the membership cancelled and a compete refund.  she did not do this.  the 7 day trial is not a money back guarantee nor did this member sign up for a 7 day trial.  When a member joins online they have to agree to our terms and conditions.  there is no one there to "pressure" them into buying.  this member chose to join on her own in accordance with the agreement she chose.

The member has already issued a chargeback so AIF does not have her money.  We have explained to her just like in her contract that she needs to either come down to the club and cancel or send a certified letter.  These were not done.  please see notes below.  this account is now...

sent to collections. [redacted] 09/03/2015 08:50 AM Hi [redacted], (email sent to [redacted]) This is [redacted] from Answer is Fitness. Long time no see. I have sent you several messages over the past few months. Not sure if you have received any of them? I¿m not sure if you are aware you have 90 sessions to use. You have not come in to fill out the cancellation or freeze form, this is the reason you have accumulated so many sessions. You will continue to get billed the 480/month until you come in and fill out the appropriate paper work. Let me know when you would like to come in so we can get you going and use your sessions. I hope to hear from you soon. Thank you, [redacted] 06/18/2015 11:34 AM contacted [redacted] again today. still no response. wanted to come in and freeze months ago. form is still sitting on my desk [redacted] 05/18/2015 08:09 AM contacted [redacted] again about putting her training on freeze, still no response.... [redacted] 04/01/2015 07:41 AM I have contacted [redacted] several times about coming in to sign her freeze form. told me she needed to take time off due to in injury. she was told she would need a doctors note because she is still in contract. the form has been on my desk for months... [redacted] a 11/13/2014 06:31 PM did not want picture, will take next time in... gave municipal discount she is a nurse at [redacted] hosp 39.98/19.99 co TakenBy Date/Time Note None found

Revdex.com:
I have reviewed the response submitted by the business and have determined that the response does not satisfy or resolve my issues and/or concerns in reference to complaint # [redacted]. The "Contract" as provided by the business lists no terms or conditions relevant to "termination", "cancellation", or "penalty" relevant to cancellation. With no wording relevant to cancellation it was my interpretation by the wording of the provided contract that the agreement could be cancelled at anytime with 30 days notice. The business manager stated verbally 3 conditions under which I could cancel my contract, subject to financial penalty. These conditions are not noted anywhere in the provided contract, nor were they provided anywhere upon my original commitment. The business cannot legally hold me to an agreement, or penalize me for termination around conditions that were not outlined in the contract I agreed to.
Regards,
[redacted]

Revdex.com:
I have reviewed the...

response submitted by the business and have determined that the response does not satisfy or resolve my issues and/or concerns in reference to complaint # [redacted]. Please add your rejection comments below. 
 My contract expired 4/15/2008. By law the maximum length of a contract is two years. I gave no other written permission nor did I ever provide written permission to extend the contract. I gave permission for a 24 month EFT only as stated on the original contract dated 4/15/2006.  Upon contract initiation and agreement, I paid a last payment of 35.99 upfront several years ago.  That covers the 30 day notice, last payment is last payment. I signed no other agreement. Nor was I ever sent any follow up paperwork with regard to procedures/policies/expectations.  It is with disbelief that Answer is Fitness thinks that they can bill me forever or expect double payments to close an account. Answer is fitness was notified via telephone in early June 2013 that our credit card had been stolen and that we (my wife and I) were permanently closing our accounts. We no longer wished to be month to month. We sent a follow up letter after speaking with our credit card company so that they would have our request in writing. We did not even know this was a problem until July 2, 2013 when Answer is Fitness contacted us to obtain our new credit card number to bill us again to “close the account” wouldn’t this be redundant? It was closed and they had their last payment in hand. This is when my wife was threatened with collections if she did not comply. It was on July 9, 2013 that the harassment began with multiple phone calls and emails per week from an unlicensed debt collector [redacted].Answer is fitness still owes me 10.00, since the amount that was collected for last payment was 35.99 and not 24.99.I believe that this is a personal issue with one staff member who has taken her role well out of context.  Also what course of action did Answer is Fitness need to take to close an account? They did not need to notify anybody to stop the automatic payment; the credit card had been stopped by us after it had been reported stolen.I am sending you a copy of the letter that I sent to Answer is Fitness two years ago dated 6/24/15; I also sent the same letter to [redacted] the collection agency before I learned they were not licensed to do business in Massachusetts. I sent the same letter to the Attorney General’s office also two years ago.  In fact the Division of Banks issued a formal letter to [redacted] to cease activity on September 4. 2013 this matter was closed and that if they did not they would be subjected to penalties. I will forward that  too. I am sending you a copy of the expired contract that clearly states a 24 month EFT and my credit card summary that also clearly delineates the amount collect and the subsequent charge for the month of April 2006 when my dues began. 
Regards,
[redacted]

per your contract you initialed that your contract would automatically renew on a month to month basis until cancelled with a 30 day notice in writing either executed at the club or through certified mail. Your contract does not expire until you provide us with a cancelation.

3 days is the Mass law that is why it is required.  Is not the fault of the gym if you cannot make it in.  that is on the member.  The 3 day cancel is not AIF's policy it is a Mass law for the consumer.  Since we were not notified with in the 3 days this membership is valid and binding.

Customer was contacted twice by Fitness Director who handles these situations.  Please see below and attached for the facts and doctors notes.Afterreceiving your Revdex.com complaint I will address this situation.  [redacted] has contacted you numerous times onthis situation as this is her department...

and what she handles for me.  You signed up for training and then werehurt.  You put your account onfreeze.  Your actual doctors note says tofreeze your account which we did for 2 months. After those 2 months it reactivates and continues billing.  I’m not sure where the problem is as [redacted]has told you this numerous times.  The Doctorsnote is attached and this will also be attached to the Revdex.com dispute.  I am 100% always willing to refund or takecare of a situation in which we have made a mistake.  I have spoken with [redacted] on this situationnumerous times and have seen her e-mails to you.  AIF has done nothing incorrectly so thereforethere is nothing to refund.  Everythingon your account was done 100% according to policy and procedure.  Your doctor’s note states to freeze theaccount and we did so.  Below is the samething [redacted] had told you with more specifics.  Hello[redacted],Ireceived your refund letter and I would like to go over this with you. InJanuary you signed up for personal training with [redacted] and signed anagreement for 3 months. You trained with [redacted] on 1/19/15, 1/27/15, and2/4/15. You currently have 17 sessions in the computer that have not been usedand are waiting for you to use. Your doctors note says that you wanted to"freeze" your membership dated on February 24th 2015. Thenote does not say that you can no longer workout every again. Wedid freeze your training for two months (March and April). If youneeded a longer extension or you could not workout every again, yourdoctor would have needed to provide that information for us. Your trainingthen started billing again after your 2 month freeze on May 20th 2015. Youthen filled out a cancel form on July 20th to terminate your trainingwith [redacted]. Your training was canceled as of July 20th 2015. Please letme know if you have any further questions. If still feel theneed to seek legal action I understand and will be glad to submit thedocuments that we have on file to them. Hopeyou have a great day! [redacted] Fitness/Fitness Director

13/2017 06:20 AM LD4 Draft Late Letter 4 EML 51963824 DAYEND 11/13/2017 06:13 PM LMV LEFT MESSAGE ON MOBILE VOICEMAIL DIALER 11/13/2017 [redacted] AGENTLESS DAILY [redacted] DIALER 11/13/2017 [redacted] USER ID : DIALER DIALER 11/13/2017 [redacted] CALL ID : [redacted] DIALER 11/17/2017 03:25 PM URA ...

USER REVIEWED ACCOUNT DLF 11/17/2017 03:25 PM LMH LEFT MESSAGE HOME DLF 11/17/2017 03:26 PM LMA LEFT MESSAGE ANSWERING MACHINE DIALER 11/17/2017 [redacted] PREVIEW DAILY HOME DIALER 11/17/2017 [redacted] USER ID : DARSIF DIALER 11/17/2017 [redacted] CALL ID : [redacted] DIALER 11/21/2017 02:53 PM LMA LEFT MESSAGE ANSWERING MACHINE DIALER 11/21/2017 [redacted] AGENTLESS DAILY [redacted] DIALER 11/21/2017 [redacted] USER ID : DIALER DIALER 11/21/2017 [redacted] CALL ID : [redacted] DIALER 11/22/2017 05:42 AM TXT Account selected for Day 80 SMS message DIALER 11/22/2017 07:19 AM SST SMS Message Sent DIALER 11/22/2017 [redacted] PHONE # : ([redacted] DIALER 11/23/2017 05:29 AM TXT Collection process complete DAYEND 11/27/2017 07:52 PM LMV LEFT MESSAGE ON MOBILE VOICEMAIL DIALER 11/27/2017 [redacted] AGENTLESS DAILY [redacted] DIALER 11/27/2017 [redacted] USER ID : DIALER DIALER 11/27/2017 [redacted] CALL ID : [redacted] DIALER 12/01/2017 04:57 PM LMV LEFT MESSAGE ON MOBILE VOICEMAIL DIALER 12/01/2017 [redacted] AGENTLESS DAILY [redacted] DIALER 12/01/2017 [redacted] USER ID : DIALER DIALER 12/01/2017 [redacted] CALL ID : [redacted] DIALER 12/05/2017 05:29 PM LMA LEFT MESSAGE ANSWERING MACHINE DIALER 12/05/2017 [redacted] AGENTLESS DAILY [redacted] DIALER 12/05/2017 [redacted] USER ID : DIALER DIALER 12/05/2017 [redacted] CALL ID : [redacted] DIALER 12/11/2017 02:41 PM LMV LEFT MESSAGE ON MOBILE VOICEMAIL DIALER 12/11/2017 [redacted] AGENTLESS DAILY [redacted] DIALER 12/11/2017 [redacted] USER ID : DIALER DIALER 12/11/2017 [redacted] CALL ID : 1002031896 DIALER 12/15/2017 04:24 PM LMV LEFT MESSAGE ON MOBILE VOICEMAIL DIALER 12/15/2017 [redacted] AGENTLESS DAILY [redacted] DIALER 12/15/2017 [redacted] USER ID : DIALER DIALER 12/15/2017 [redacted] CALL ID : [redacted] DIALER 12/16/2017 05:58 AM RNN RFC Pending - Note History NOT Printed DAYEND 12/16/2017 06:17 AM RFC RETURNED FOR COLLECTION DAYEND 12/16/2017 06:17 AM DAR DELETE A/R INFO DAYEND 12/26/2017 07:41 AM SCA SENT TO COLLECTIONS AGENCY CLT 12/26/2017 07:41 AM CHG Agency:[redacted] CLT .

Nothing about the online sign up is vague or misleading.  It is very straight forward.  The member either did not read the agreement when he joined or did and does not want to abide by the agreement.  I have attached a copy of the agreement which was also e-mailed to the...

member once he completed the online membership process.  It clearly shows the start date and end date and how many payments to be made.  You will see its pretty straight forward and not misleading in anyway.  We are going to hold this member to the full extent of the membership and this will be forwarded to our lawyers as an inaccurate [redacted] review in which we have recorded on our end that if we do not give him what he wants he will trash us on social media.  If there is anything further please let me know.

your last payment is free as it was paid up front but you still need to give the gym a 30 day notice of cancellation to stop your monthly dues.  you came in to cancel on 6/26 and you last payment was due 6/25.  That is not close to 30 days notice.  in fact it is no notice at all.  Until that payment is made this account will stay in collections.  Without 30 days notice you can not expect us to be able to process the cancelation on time.  in this case you gave us no notice at all.  you were actually a day past due before you came in to cancel.  also with your cancelation that was filled out and signed by you it clearly states your past payment should be 6/25.

My staff and myself have talked to him many times about this situation.  He has an annual fee which he has signed for that comes out the same date each year on the date of 11/4.  In order to not pay that fee he would have had to give a 30 day notice before the fee came out on the date of...

10/4/15.  because he froze his membership and that pushed out his payments it also made him responsible for the enhancement fee.  He also said he would chargeback the account.  So if he did so their is nothing for me to rectify as now it is going into the dispute process with the bank.  Attached is his contract that clearly states the above.

Revdex.com:
I have reviewed the response submitted by the business and have determined that the response does not satisfy or resolve my issues and/or concerns in reference to complaint # [redacted]. Please add your rejection comments below. 
I had not been in the AIF facility in months and was definitely not in on the June 26, 2013 to sign any forms. If you have such a document then you have forged my signature.  This constitutes a crime. I would ask that you produce the document so that it can be authenticated. Furthermore, you would have an electronic footprint of my arrival at your facility since each time a member comes in you have to use a key fob/security measure to be let in past the front desk.  This would also let you know that I had not been in your gym regularly for the past two years.   You would have an electronic record of my coming and goings stored within your data base. Also given that you run a daycare on your facility, I would expect that your security system would also provide an electronic stamp for time and dates that one obtained access to facility that could not be replicated.  As I had said previously my husband and I stopped going regularly to your facility due to overcrowded conditions.  When Answer is Fitness offered a 9.99 a month membership there was a ripple effect and we were unable to gain adequate access to your classes and machinery. I was very discouraged when this occurred.I am sending the Revdex.com a copy of the letter that I sent to Answer is Fitness two years ago dated 6/24/15; I also sent the same letter to [redacted] the collection agency two years ago before I learned they were not licensed to do business in Massachusetts. I sent the same letter to the Attorney General’s office also two years ago.  In fact the Division of Banks issued a formal letter to [redacted] to cease activity on September 4. 2013 this matter was closed and that if they did not they would be subjected to penalties. I will forward that again too.  I do not understand why the gym would not honor our phone call or cancellation letter. I find this very disheartening. It seems illogical that you would want me to send you more money to close an account that was already closed.  My June 2013 payment is my last payment, which you collected up front upon contract initiation, which you have acknowledged. My husband and I have been harassed for 2 plus years now with clearly unfounded claims. We do not owe you any money whether  it be 24..99 or 133.46 which [redacted] a division of [redacted] asked us for on June 17, 2015  which is 108.57 more to close an account that was closed. You have provided no proof of a debt, overcharged the amount, harassed us by phone, disregarded government action to cease, and are willing to commit forgery. As far as integrity and ethical behavior, I am sending the Revdex.com a flyer that was sent to my home in August of 2015 which was a mass mailing advertising a gym membership for Answer is Fitness. If you look closely you will see that Answer is Fitness Advertised that they are Revdex.com accredited and their rating was A+ when in fact they were not. I have also included a print out from the Revdex.com website dated August 11, 2015 which clearly states the business is not in fact Revdex.com accredited and has a B+ rating.  Understand that mass mailings of false advertising constitute mail fraud.  I have this data in my possession because not only do I have several of my friends who have had the same billing issue as me, I wanted to see what the public had posted on the Revdex.com website. When you collect money upfront as a last payment it would logically follow that it is indeed is last payment you do not hold people captive for more money. 
Regards,
[redacted]

[redacted] we allowed all members the opportunity to cancel due to the classes being removed between the dates of March 15th through June 1.  We sent out a letter to all members notifying them of the changes and this has been posted in the club since March 15th.  I believe your wife cancelled for this reason during that time.  If you wished to cancel for the same reason you would have needed to do so during that time frame like all the other members did.  We gave each and every member ample time to do so.  Your request for cancelation wasn't until July which was past the time frame.  This is why the cancelation cannot be processed without a cancel fee of $99.  Also our check-ins show that you used the club steadily during the March time period through June even though classes were cancelled.  You used the club on numerous occasions during this time period.  If classes were an issue for you why weren't told about it over those 4 months?    Also we have on record that you told a staff member that you did not use the classes.  Either way we feel that you as a member had ample time to cancel this account if you were unhappy we removed classes.  you chose not to cancel during that time period and continued using the club regularly.  because of this we have to stick to the terms of the agreement you signed.

Revdex.com:
I have reviewed the response submitted by the business and have determined that the response does not satisfy or resolve my issues and/or concerns in reference to complaint # [redacted]. Please add your rejection comments below.The original expired contract was for 24 months EFT as of April 2008 you had collected 25 payments the extra being the last payment up front that is my last payment and you need to honor your contract. As of June 7th 2013, I did not authorize anymore credit card payments by cancelling with my financial institution [redacted] which you were told by phone the credit card had been stolen. I sent a follow up letter to you on June 24th cancelling both my wife's and my account since I was instructed to do so by our credit card company. We did not see this as a problem.  You had your last payment in hand we both paid you 25 payments for a 24 month contract.  I want you to think about how many payments were paid in total.  We did your job for you by closing the account. I made the following payments: Initial contract I made 25 payments which included an extra and last payment of 35.99.  After all there are only 24 months in two years.  You owe my 10.00 since my last monthly fee was a payment of 24.99Since I began my memberships I have paid you without incident. 8 more payments in 2008 since contract expired in April 2008.  You charged me an extra amount in June of 2008 of $42.49 instead of 24.99.  12 payments in 200912 payments in 201012 payments in 201112 payments in 2012 6 payments in 2013 Last payment June 2013 collected up front.You have collected 87 payments from me for a 2 year contract that began in 2006 and we are done.Closing an account does not require 30 days to close an account it requires me telling you that you are no longer authorized to bill my credit card.  It became closed when I contacted my credit card company and told them that you were not authorized to bill me again after June 5th 2013. You do not require an 88th payment. My wife does not owe you either she has made you a total of 95 payments for a 2 year contract that expired long ago. Her last payment was also collected up front.  
Regards,
[redacted]