Anytime Fitness

This is in regards to the concern submitted by [redacted] on 2/22/18 given ID of [redacted].[redacted] did contact the Harrison Anytime Fitness location on 8/1/17. He stated that he was being stationed in Las Vegas, NV and wanted to freeze his membership. He was told what paperwork he needed in order...

to do this. His agreement with us states, " Military Member: if at any time during the term of your agreement, you are deployed or assigned to active duty, the CLUB will allow you to freeze your membership for the time in which you are absent upon written request from you. You will need to provide proof of deployment or assignment detailing your absence and the applicable time period." [redacted] never provided us with any of this information and called back on 9/4/17 to ask why his account was never cancelled. Again, we told him the paperwork that he needed to send to us to put his agreement on freeze. We told him that he could mail or email us this information and provided him with the addresses. He never sent this to us, which is why his agreement was never put on freeze.In your letter to us, you state that his agreement should have been cancelled. As per his agreement, which I quoted above, we do not cancel military members agreement when they get stationed else where or deployed. We freeze the payments and membership time for as long as they are gone with their payments starting back up when they get back.[redacted] could possibly have had his membership cancelled for relocation reasons. His agreement states that he is eligible for a relocation cancel if "he relocates more than 25 miles away from an Anytime Fitness location". His agreement also states, "Memberships which are cancelled for medical or relocation reasons must submit proof of cancellation and will be charged a $100.00 early cancellation fee." [redacted] provided neither the necessary paperwork or the cancellation fee in order to do this.In his complaint, he states that he had a third contact with us on 2/21/18. This is false. On 2/21/18 we called [redacted]'s father, who is his emergency contact, in order to see if he would be willing to provide us with a means of contacting [redacted]. We did this out of courtesy for [redacted]. He quit making payments after his 8/14/17 draft. Therefore, he went delinquent and became past due. After several attempts to contact him in order to see if we could make payment arrangements instead of going through with the collections process, we contact his emergency contact to see if he could let [redacted] know that we needed to talk to him about his account.His desired settlement is for us to "refund the additional money that was taken out of my savings/checking AFTER I requested to drop the membership". He is asking for a $450 refund for this. However, we haven't received any payments from [redacted] after his 8/14/17 draft. According to the complaint, he first asked about a cancellation on 8/1/17. Therefore, [redacted] is asking us to refund him $450 that he never even paid us. I think that you can probably understand why we are unwilling to refund money that we never collected. Also, since we were never provided the proper paperwork or a cancellation fee [redacted] is past due for the amount of $312.43 which we intend to send him to collections for. [redacted] was aware of what he needed to do in order to freeze or cancel his membership. Instead of doing these things he decided to stop communication with us, stop his payments, and then contact the Revdex.com instead of us to resolve this issue. I feel confident that this will fully resolve this issue as far as the Revdex.com is concerned. If not, or you need more information, please feel free to reach out. Thank you and have a great day.

Upon initial sign up, our system takes about 30 days to become active in all locations. All members are informed this to activation timeframe. After reviewing her usage, the member used her key at another location within her first 15 days of activation, between 2/6/16 and 3/8/16 that was the only...

usage logged. When she contacted us about her key not working, we informed her again about our 30 days processing for membership club wide. We did not try charging her new card without her knowledge, due to the fact that we cannot retrieve card information without her updating it with us. Updates are done either through the gym or our financial company. We believe our client is disgruntled, which is leading her to make false accusations on our professionalism and cleanliness. We maintain a high degree of cleanliness in our gym, and make sure none of our equipment is out of order for more than 24 hours. [redacted]Anytime Fitness Riverwalk GM###-###-####

To Whom it May Concern,I am very sorry that [redacted] was charged after he had sent in proof of address change and signed his paperwork. I made sure that he was refunded for the months that he was wrongfully charged to try to make it right. When he was charged again this month I made sure to call our...

financial company and make sure this never happened again. I also refunded him for this charge. I have made sure he was reimbursed for all the charges after he was told his membership would be cancelled. I tried to make this right and I hope that Mr. [redacted] will see that. He absolutely will not be charged again from our company.Thanks,Quinn M[redacted]

Good evening [redacted],I am writing to you with respect to the above matter. Anytime fitness has resolved this matter. They advised the credit collection agency that it was as a result of a staffing error,  which has resolved the matter. Thank you for all your assistance, I greatly...

appreciate it. Regards, Lorraine M[redacted]

I was told in March 2017 that I could not  cancel the one year membership and to just let it go to the end of the 1 year time period.  I accepted that.  I was never told that the membership would be automatically renewed.  I called the club to protest the continued  drafting and was told that was a courtesy.   They at no time offered to assist me in any way telling me the contract would continue indefinitely.   I contacted the company handling the drafts and got that stopped only to be threatened to be turned over to a collection agency.  I have even sent a certified letter to end this membership and received no response.    I now face a debt collection agency until I die as I cannot get out of this contract.  I am attaching my cancellation letter.

This business does not honor reciprocal privileges. In order to wiggle out of their contractual duty, they invented a complaint and called in the police to enforce a fraudulent trespassing warning against the out-of-town visitor.

Hello My club management staff has informed me that this issue has been resolved to the satisfaction of the customer. Please contact me if you need further details.
Helvetica,sans-serif;">Thank You Scott R[redacted] Owner Anytime Fitness            [redacted]

Their contract does not include cancel buyout information. You can't ask for the information verbally because the info you are given is just that verbal and not written down. They do not honor verbal agreements only written agreements.

The consumer, [redacted] signed a 36 month agreement with our gym as per the attachment.   When we examined the original agreement we found that she had indeed signed in all of the indicated places for this agreement.  It specifically says 36 months and it also states the reasons for...

cancelling this agreement.  We have spoke with Ms. Salyers several times and explained this to her as well as offeering to freeze her account if she is having financial difficulties.  Thank you,ANYTIME FITNESS OF BRIGHTON[redacted]Operations Manager, CPT, Fitness CoordinatorTell us why here...

[redacted] signed a 24 month contract on 10/20/14. As she stated, she did provide proof of job loss, however, this is not a cancelation right by default. Aformer employee did mistakenly tell her it may be accepted. [redacted] hassince been advised a financial hardship is not significant reason...

to cancel. AnytimeFitness does have a legal contract with certain rights to protect members againstmedical problems that may prevent them from fulfilling their agreement. Losingone's employment is not a given right to cancelation.[redacted] has used our facilities on a semi-regular basis since she joined and Ihope she continues to use Anytime Fitness for her health and wellness needs. Sincerely, Scott Daley Owner Anytime Fitness - Hudson Falls & Glens Falls NY

I am in receipt of your letter dated July 30, 2014, concerning a complaint filed by Ms. [redacted].  Ms. [redacted]'s complaint lacks honesty...

and information.  Ms. [redacted] entered into a binding contract with my business, Anytime Fitness - Alachua, in July of this year.  Ms. [redacted] received an accidental charge of $36.00 after paying her initial sign up fee's.  Due to this error, apparently Ms. [redacted]'s bank account became overdrawn.  Ms. [redacted] contacted me and I immediately apologized for the error and assured her that I would reimburse her any monies that was inadvertently taken from her account.   Apparently, after a few days, Ms. [redacted] made other financial transactions that once again caused her account to become overdrawn.  I explained to Ms. [redacted] that her continuing financial issue was not due to the accidental charge and that it was not my responsibility to refund overdraft fee's at her financial institution.  Ms. [redacted] then became irate on the telephone and the conversation was terminated.  Ms. [redacted] then came to my club and once again was rude, including wearing sunglasses inside of the building, and demanded that I reimburse her all overdraft fee's and cancel her contract.  I assured Ms. [redacted] that I would cancel her contract and she would be reimbursed any fee's associated with her contract.  Ms. [redacted] continued to be rude and eventually departed my office. 
 
I have refunded Ms. [redacted]'s initial contract fee's and accidental charges.  However, it is not my responsibility to refund overdraft fee's that Ms. [redacted] encountered due to her inability to maintain proper funds in her bank account.  I would like to remind Ms. [redacted] that she entered into a 12 month contract with my company and I could have enforced that contract, but opted to allow her to break the contract due to being dissatisfied with her experience.  From my standpoint, Ms. [redacted] has been reimbursed and this issue is closed.
 
Thanks.
 
Dean Ellis, O2i
Anytime Fitness
Alachua, Florida

I was misinformed when signing the agreement on the length of it. I have been told to call a 1-800 several times, which leads my no where. I was never told that I could freeze my account, which I do not want to do, I want it canceled. I was told via email by the general manager that the owner would call me to discuss. I have never received a call from this person. I even emailed back to say I had not heard anything from them and there was no reaponse to the email.  
Complaint: [redacted]
I am rejecting this response because:
Sincerely,
Chelsea Salyers

At this point, if the customer does not like the response then we will proceed with collecting the remainder of the monies she owed per the contract she signed. If she does not pay the remainder, we will send her to the collection agency that we use to pay to collect unpaid debts. If she pays the balance in full, then we will allow her to use all of the sessions that she paid for that is if she does in fact still have an active gym membership. We have been more than fair with this individual. She completely ignored our communication for weeks and then attempted to get out of a contract illegally by telling the credit card company we charged her for something she didn't authorize. At this point- our generosity has run out as we should have pursued her for what she agreed to in the first place instead of being lenient.

Dear Bradley Colmerauer:Thank you for notifying us of the complaint from our member Jeff [redacted] (ID #[redacted]). We strive toprovide our members with the best possible service, and when they feel that we have failed to meet theirexpectations, it’s important for us to know.We’re sorry that Jeff...

received services that prompted him to contact you with a complaint, and we regret anyinconvenience or frustration that this has caused. To ensure that our staff conducts itself in a manner thatreflects the high regard that we have for our customers, we’ve notified the proper department of thecomplaint.Please see below for the information we can provide in response to Jeff’s complaint:- After reviewing camera’s after Jeff’s incident, it was visible that Jeff was looking for switch to adjustthe TV (on/off, change channel, etc. ) In his effort to find the switch he physically lifted the TV and itcame unhooked from the wall mount. Following the TV incident, Jeff was also upset about his clubmembership length. After numerous attempts to clearly explain that we only offer 12 and 24 monthmemberships, Jeff was still upset. Due to ongoing frustrations on both ends, AF Stoughton agreed towrite Jeff a check for the amount of 2 free months of membership, which he had earned with hiscurrent contract. At that time Jeff accepted the check for the two free months and his membershipwas cancelled with AF Stoughton. AF Stoughton decided it was in our staff’s best interest that Jefflooked elsewhere for a gym membership, due to his ongoing effort of dispute and lack ofcooperation. As we compensated him for his 2 free months, we were under the impression all partieswere satisfied. We did our best to comply with our processes and also to come to a mutualagreement with Jeff, as we do all our customers.I can assure you that what happened in Jeff’s case is not our typical level of customer service. We continue tobe committed to providing all of our customers with the highest standards of service.Thank you again for bringing these matters to our attention. If you have any questions please do not hesitateto contact me.

Please find attached pictures of the area in question. Our response to the complaint are as follow:
     ...

  The streets are in poor condition due to overwatering from home owners in the neighborhood. The pictures

        were taken on 10/15/14 during a period of no rainfall and still show water in the streets; a clear indication of         overwatering.
        This problem will be addressed after completion of the remaining two homes in the neighborhood by doing
        a 1" overlay, or other acceptable remediation. This was communicated to Mr. [redacted] on 11/18/14 at the         annual HOA meeting. Thanks. [redacted] Woodside Homes South Texas

Initial Business Response /* (1000, 5, 2015/07/28) */
I spoke with Mr. [redacted] and had a very pleasant experience with him. At the time I did not know there was a Revdex.com complaint issued. On 7/22/2015 we were able to speak and I explained that I understood and I wanted to help him. The reason he ended...

up in collections is because though he did take the correct steps in cancelling his account, his final payment that he provided did not go through, therefore after 90 days of it trying to draft his cancellation payment, it sent him to collections for the full amount since the cancellation never went through due to the payment.

As soon as this was explained to him I offered to remove him from collections because he definitely did take the right steps to cancel.
I also asked him if he had received my e-mail a couple months before introducing myself as the new manager and explaining what was going on and offering to help. He did receive it but assumed it was just another billing notice.

We were able to make it last payment , and get him pulled from collections and completely cancelled out on 7/22/2015 when we spoke. He was nothing but gracious and understanding which I appreciated in such a tough and frustrating situation.
I contacted him when I received the letter from Revdex.com today and this is his response "Hi [redacted],

Yes I'd be glad to do that and yes it was filed before the situation was handled in a completely satisfactory manner by you. So, I now have no further reason to pursue a complaint with the Revdex.com. If this email response is not sufficient in order to let the Revdex.com see that the situation was resolved please let me know what I can do for you. Thanks again for your help.

Regards,
[redacted]
Initial Consumer Rebuttal /* (2000, 7, 2015/07/31) */
(The consumer indicated he/she ACCEPTED the response from the business.)

Yes i'm very sorry he feels this way, every one of our contracts is open end, meaning the gym membership keeps on until we get a written response from the member, it says it clearly in the contract.  We do not have a letter nor any notes, nor any employee that can verify.  Unfortunately sometimes even though a member initials each response, the message isn't clear.  I"ve attached the contract and it shows in the bottom right corner about auto renewal.  As of now, we have cancelled the account without the 30 day notice needed, have refunded 38.56, and have refunded over $30 worth of late fee's and have had to deal with Revdex.com because scott didn't check his bank account.  I believe he thought it just cancelled after the 12 months.  I'm very sorry this has happened but I have given $77.12 back as of now if I was to go off regulation with $38.56 cash refunded to his account, and the $38.56 owed for the 30 day notice.  We have many members that don't come in for months etc, we are the few gyms that actually call there members to use there memberships.  Scott claims that we should go by his usage, but we have no notes, would an extra $38.56, one month of fee's solve this issue?
jay

To Whom it May Concern: In response to the complaint filed by Aaron [redacted] regarding his request to cancel his membership with Anytime fitness in [redacted]. l, Rick [redacted], talked with Aaron on Monday, August 8, after receiving a request to do so from my [redacted] DJ. DJ had talked with Aaron earlier in the day regarding his membership and wanting to cancel it. DJ's conversation with Aaron is reviewed in the attached document. Per Aarons request, I followed up with Aaron that afternoon to discuss his membership. Aaron stated that he had moved and had not been jn the club for quite some time. Aaron originally joined our facility in November of 2013 taking advantage of a special promotional offer and discounts provided to his employer at the time. Aaron signed a 24-month agreement that ran through November of 2015. On the front of the original agreement, copy available upon request, Aaron also initialed the box labeled: Optional Month-to-Month Renewal. This box is reviewed with all members prior to their initials to make sure they know what it means. It states that by initialing this box, the members roll over into a month to month membership after this initial term is completed. It also states within that section that members are asked to submit in writing a cancelation request. We do not take cancelation requests over the phone but will in circumstances where a member has moved away, e-mail the proper forms to cancel and get back. DJ did this for Aaron after his conversation and we have since set up his account to cancel. Aaron stated that he called in last year sometime, November?, requesting to cancel, we have no record of receiving a call from him. However, our 3 rd party billing company, attempted to reach out to him via phone and mail beginning in January 2016 regarding a past due balance on his account. 11 calls were attempted to him between 1/4/16 and 2/12/16 and 3 letters were sent. Aaron called in and updated his auto-payment information on February 12, 2016. (Why didn't this raise a flag in his mind that his account was still active?) Copies of this information is available for review upon request. When I asked Aaron who he talked with or what club he called he was not sure, nor could he provide a date. Please refer to the comments by DJ for additional information on this. Aaron asked to cancel his account, DJ sent him the cancelation form and we have since received it back and have his account set up to cancel. Aaron then asked for a refund back to November of 2015 stating that his account should have been cancelled and he should not have to pay for something he has not used. I responded we do not provide refunds for this type of request but would be happy to cancel his membership once the proper paperwork had been returned. He asked several more times and referred to his nonuse of the club as a reason we should comply with his refund request. He then questioned the ethics of how we run our business by not giving someone their money back when they have not used the club for so long. I take a lot of pride in running my business the "right" way. I am not afraid to apologize and provide refunds when we have made mistakes in our business. We build our business by letting members know up front what our membership policies are and how we run our facilities. Our business is about providing a great facility and service for our members. To do that, we must be consistent in our processes and how we work with each and every member. That is not to say we won't sit down and discuss unique situations with someone if they bring it to our attention and look for a fair solution, yet our guiding principles remain that we treat each member with respect and the same way with regards to club operations. J am proud of what J do, how my team supports our business and how we help our members achieve their goals every day. We are not perfect, as I have already stated, and will work to fix mistakes, learn from them and move on to make our clubs even better for our members. We will not be offering a refund at this time. Rick [redacted] [redacted]

We would be willing to remove Kelly [redacted] ([redacted]) account from collection if they would pay 1/2 the remaining balance or 2 months.  The total due would be $70.00 Thank you

Initial Business Response /* (1000, 5, 2015/12/15) */
Revdex.com,
[redacted] enrolled on July 20th, 2015. She signed a Personal Training Contract for 12 months, training twice per week. By signing a Personal Training contract for 12 months, the member receives a discounted rate per session. ...


We do not feel that we have not adequately provided her with the availability of a trainer for her sessions. The entire time she has been enrolled in Personal Training with us, only once have we had to cancel a session due to an unexpected death in Konstantin's family and only once, has Ross implied that he may have to push or cancel her scheduled session due to illness. Based off the information we have gathered through emails and texts, [redacted] has cancelled her sessions quite regularly. We are sad to see a situation such as this arise and get to this point. We have always kept our line of communication open.
Throughout this process Jared also gave her 8 Small Group training sessions per month, that she can take advantage at no cost to her, in addition to her regular training sessions, in hoping that would help her still get serviced if she is unable to make it in for her regular session as we've seen in the past.
We still would love to help her work towards her fitness goals and per her contract she is legally responsible for her monthly payments regardless if she takes advantage of it. We are also willing to give her an additional month of free training, a total of 8 sessions for the time she has lost even though she has not lost the sessions she has not used. As long as a training client gives us a 24 hour notice of cancellation, the session rolls over and they can use it whenever they please as long as its within 90 days of their original agreement ending. We will even extend her 90 days to 180 days. Ross is available Monday through Saturdays during business hours and we are happy to have added an additional trainer Ray. He interned with us at our Solon location for 5 weeks prior to us officially hiring him at our Sagamore Hills club. He completed the Personal Training Program at [redacted]. She is more than welcome to workout with either of them.
Please view attachment to see some of the documented communication for support and clarification.