Apogee

Review: I joined Apogee yoga studio in April of 2012. I was told that it was a month to month commitment. I wanted to cancel because I was not using the service. I was told that I could not cancel the service for a year. Against everything I believe I accepted that and continued to pay because I made the mistake of signing the contact and not checking for the detail of the month to month agreement that I was told when I signed up. I paid for a year without using the service. In April of 2013 I called Apogee to cancel and was told to fill out paperwork in order to cancel and send back which I did. It is now October this is still not resolved. I have called several times and was told that because my credit card did not accept the final payment of 78 dollars that there was a balance and that is why they could not cancel my account. A fee for 78 dollars continues to be billed to my credit card and the account is still not cancelled. I have paid the last 78 dollars plus and additional 5 more months. No one one from Apogee communicated or notified me to tell me that the card did not accept the charge and that the account was not cancelled. They have now charged me for these services for 5 extra months.Desired Settlement: I think that Apogee should refund the money that it charged to my account from the date that I submitted the cancellation papers. I would also like an apology from the managers of Apogee for their bad customer service.

Business

Response:

CONTRACT FOR SERVICES

AGREEMENT, made 4/**/2012 by and between APOGEE LIFE STYLE LLC, (hereinafter sometimes referred to as "APOGEE,, or "Management"), and [redacted], (hereinafter sometimes referred to as the "Member"). In consideration of the covenants and agreements herein made, the parties agree as follows:

ARTICLE I -GENERAL PROVISIONS

Entire Agrcement:This contract constitutes the entire and exclusive agreement between

APOGEE Life Style LLC and the Member for the use of the health club and the facilities located at [redacted] (herein sometimes referred to as the "Club"). This contract may only be modified I n a written document executed by a duly authorized representative of APOGEE.

Employees of APOGEE are not authorized to make any independent agreement with the Member. Policies,

Rules, Regulations a nd Schedules: The Member shall abide by all the membership policies, rules, regulations and schedules of the Club, which may be posted at the Club or issued orally, and which may be amended from time to time, at Management's sole discretion.

Non Discrimination: APOGEE will not discriminate against any person because of race, sex, creed, color, national origin or ancestry in considering applications for membership in the Club. Age Exception:No person under eighteen years of age may use the Club or its facilities.

ARTICLE II -MEMBERSHIP

[redacted] 4/**/2012

Individual Membership: Individual membership shall consist of individuals having privileges to use the Club and its facilities upon payment of the appropriate initiation fees, dues and the signing of this contract by both parties. Management reserves the right to disapprove any membership application.

Membership Agreement and Payment of Charges: All prospective Members must sign this contract

and submit it along with the appropriate initial charges, if any, when application for membership is made. All amounts

submitted by applicants not admitted to membership will be promptly refunded. The Member shall pay the membership fee in equal consecutive monthly installments on the stat1date indicated, regardless of usage, subject only to the termination of membership and notice provisions set forth in this contract.

Length of Membership: If the application for membership is accepted, the membership is for the term of the contract and

after such period, will automatically convert to a month to month status.

A. Member's Health Warranty:

The Member represents that she/he is in good health and has no disability, condition, infinnity, impaitment, injury, disease, illness or ailment preventi ng them from engaging in active or passive exercise or which would cause

increased risk or injury or adverse health consequences as a result of active or passive exercise or use of equipment or machinery. The Member assumes full responsibility for their use of the Club and its facilities and indemnifies APOGEE, its affiliates, agents and employees against any and all liability arising out of her use of the facilities. Member hereby acknowledges that she/he has been

informed of the need for a physician's approval for their participation in an exercise/fitness activity or in the use of exercise

equipment and machinery. Member also acknowledges that it has been recommended that they have a yearly or more frequent physical examination and consultation with their physician as to physical activities, exercise and use of exercise and training equipment so that she/he might have his/her recommendations conceming these fitness activities and equipment use. Member acknowledges that they have either had a physical examination and been given their physician's permission to participate, or that she/he has decided to participate in activity and use of equipment and machinery without the approval of their physician

.

Guests: The Member 's guests are permitted in the Club and to use its facilities but only pursuant to such rules, regulations, schedules and fees for such guest or guests as may then be in effect. The Club reserves the right to limit the number

of guests or the number of times any one guest may use the Club and its facilities and reserves all rights to exclude any guest whose use of the Club and its facilities in the sole opinion of Management, would be detrimental or disruptive . No guest may use the Club or its facilities without registering at the reception desk, completing a health waiver and presenting identification.

Member Obligations: The Member shall not be relieved of his/her obligation to make the payments

agreed to in this contract, and no deductions from any payments shall be made because of the Member's failure to use the Club or its facilities. Member dues are for the period of time set forth in this contract and are in no way related to the actual usage of the Club or its facilities.

Membership Scan Card: The Member shall register at the front desk upon entering the Club by swiping the membership card. The cost of a replacement membership card that has been lost or stolen is ten ($10) dollars.

Medical Suspension: There is no charge for a suspension of membership for up to six (6) Month for a

medical condition. To qualify for medical suspension of membership, the Member must provide a physician 's letter stating the condition

and length of the absence. Medical suspension begins upon receipt of a physician's note. The membership obligation resumes

once the recovery time indicated by the physician has ended .

Mem bership Freeze: The Member freeze their membership for a one-month period upon completing required form and agreement to pay a percentage of monthly dues. The period of time the membership is on freeze status will

be added to the end of the existing membership contract. Any additional one-month period of membership freeze must

complete process.

ARTICLE III -PAYMENT

Payments are made monthly on an installment basis. Credit cards will be kept on file so that automatic payments

can be taken. The Member hereby authorizes APOGEE to charge monthly balances and any overdue balances

to the Member' s credit card under the Electronic Funds Transfer Authorization.

Unpaid Balance:All balances in near over thirty (30) days are subject to a monthly service

charge of twenty-five ($25) dollars. Any unpaid balance for membership fees, goods, or services past

thirty (30) days after written notice of that fact shall result in automatic suspension of facility

privileges; and if a balance remains owing for an additional sixty (60) days thereafter, it will result in automatic

termination of membership. Member is obligated to pay any collections and/or

legal costs, including attorneys' fees incurred by Management for collection.

Dishonored Check or Bank Draft: If any Member's check or credit card charge is not honored,

Management will (a) assess a twenty-five ($25) dollar service charge for each such dishonored check or credit card charge to reimburse Management for the costs of collection, and (b) collect

the current and post due balance in any subsequent month .

Dues Adjustment:Management retains the right

to change, at any time, the fee for membership in the Club.

AUTHORIZATION AGREEMENT

Member authorizes APOGEE to charge her/his

account beginning (dd/mm/yy 5 ** td- in the amount of $79.00,$0.00,$0.00. The authorization is extended by Member to APOG E a d/or its authorized agents or firms engaged in the business of processing check and charge card debits. Member understands that this authorization agreement shall remain in force until Member gives APOGEE30 days written notice of her/his intent to end her membership .

If Member decides to end her/his membership, Member agrees to return her/his membership

card with 30 days written notice. y; (Member Initials) Regardless of what payment method is utilized, Member

understand and authorizes one more payment submitted/drafted within the 30-day cancellation period. (Member Initials)

Member fut1her understands that during the 30-day notice period, Member will have access to the facilities and, JJ.»:es of APOGEE, and that Member is responsible for the monthly dues during that period. (Member Initials)

ARTICLE IV -USE OF FACILITIES AND INTERRUPTION OF SERVICES

Change in Club Facilities: Management may alter the Club and its facilities in any way it deems desirable.

Management may restrict the use of, or close one or more of, the Club's facilities, or temporarily cm1ail some of its scheduled activities to permit maintenance and repair, and the construction of new facilities. Management may cease providing all Club facilities and services to all Members as a result of repairs or maintenance or special occasions. There will be no reduction,

suspension, abatement or appointment of membership fees, rates or charges during such times. Management shall give the

Members prior notice of such changes in Club facilities.

Unavailability of Club Facilities: In the event the Club is closed for a period longer than thirty (30) consecutive days through no fault

of the Member, the Member is entitled to either extend this contract for a period equal to the period during which the Club is

closed, or to receive a prorated refund of the amount paid by the Member under this contract by dividing the full contract amount by the number of weeks in the contract term and multiplying by the number of weeks unused in the contract term.

ARTICLE V -CANCELLATION

CONSUMER'S RIGHT TO CANCELLATION; THE MEMBER MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR FURTHER OBLIGATION

WITHIN TEN (10) DAYS FROM THE

AGREEMENT DATE; Notice of cancellation shall be in writing subscribed by the applicant and

mailed by register or certified United States mail to APOGEE at the address specified in this contract. Such notice shall be accompanied

by the contract forms, membership cards and any other documents of evidence of membership previously delivered to the applicant. All monies paid pursuant

[redacted] 4/**/2012

to this contract will be refunded within fifteen business days of receipt of such notice of cancellation. If the applicant has executed

any credit or loan agreement to pay for all or part of health club services, any such negotiable instrument executed by the applicant shall also be returned wi thin fifteen days.

Additional Righ ts to Cancel: The Member may also cancel this contract prior to its expiration for any of the following reasons

(a))If upon a doctor's order, the Member cannot physically receive the Club services offered because of significant physical disability for a period in excess of six months.

(b) If the Member dies, her/his estate shall be relieved of any further obligation for payment under this contract.

(c))If the Member moves her/his residence more than twenty-five (25) miles from the

Club or any other health club operated by Management. (d)lf the services stated in this contract cease to be offered.

Refund Policy Regarding Add itional Rights to Cancel: All monies paid pursuant to this contract will be refunded within ten ( 10) days of receipt of notice of cancellation; provided however that Management may retain the expense incurred and the portion of the total price representing

the services used or completed, and further provided Management demand reasonable cost of goods and services

which the Member has consumed or wishes to retain after cancellation of this Contract. In no instance shall Management demand more than the full contract price from the Member.

Cancellation of Monthly Membership :TheMember may cancel her/his

monthly membership after the expiration date with prior written notice sent by certified mail or registered mail to the Club, or delivery in person to a manager of the Club. APOGEE must receive the notice of cancellation 30 days prior to cancel

date. If APOGEE receives the notice of cancellation within 30-days of cancel date, the Member will be billed for the entire month in which the notice was received and for the entire month following the month in which the notice was received

. The Member is allowed to use the Club during this time.

By Management: The membership of any Member may be te1minated at the sole discretion of Management. A Member whose

membership has been terminated is only entitled to a refund of any pre-paid monthly dues.

No person whose membership has been terminated by the Club may be a guest in the Club. A Member may be expelled by the Management for gross or repeated violation of any regulation of the Club, or any conduct which, in the opinion of Management, is prejudicial to the welfare, good order, reputation and character of the Club.

ARTICLE VI -LIABILITY

The use of the Club and the facilities and equipment therein, and the exercises and activities to be done by the Member involves some risk

of injury to the Member. The Member assumes any and all risks related to the use of the Club and its facilities and releases, indemnifies, discharges, absolves and holds harmless Management, its agents, employees, instructors, assigns, officers, shareholders, partners

and successors from any and all claims, suits, demands, causes of action, damages or

liability arising out of or in any manner related to any activity engaged in by the Member at the Club

or the use of any of its facilities except if such accident and/or injury is caused by or results from gross negligence or willful misconduct of Management, or its agents, employees, instructors, assigns, officers, shareholders, partners and successors.

ARTICLE VII -MISCELLANEOUS

Hours of Operation: Club hours of operation are subject to change according to the days of National and Religious holidays. Hours of operation during the summer season will be less than the total hours of operation from the fall, winter and spring seasons. Hours are subject to change

due to inclement weather.

Lockers:Lockers are provided for daily use. Management has the right to remove any articles

left in an unpaid locker overnight. Management is not responsible for any personal possessions left in the locker room

during the use of the facility.

Valuables:Members are urged to

avoid bringing valuables onto the Club premises. APOGEE shall not be liable for the

loss or theft of, or damage to, the personal property of Member or guests, including items left with the coat

check. Neither Management nor its agents or employees are responsible for the [redacted], theft or damage to the personal prope11y of a Member

or guest.

Dress Rules: Proper athletic attire is required. No street clothes or dress shoes are permitted in fitness areas. Except for individual exercise mats, the Member shall not bring any of her own equipment to the Club.

Personal Training:No Member may use a non-APOGEE personal trainer in the Club. The personal training and Pilates packages will have an expiration date based on the number of sessions in a package, but not longer than three (3) months from the purchase date. The Member may cancel a personal training session with a minimum twenty-four (24) hour notice. There is a 24 hour Cancellation Policy for all training sessions to avoid the full price of the session to be charged to the Member Account. If a Member fails to show up for an appointment, the total fee shall be charged to the Member. Training Sessions are non-refundable and non-transferable.

Independent Contractors: From time to time Management may make available to Member and her guests the services

of independent contractors. Management does not wanant

or guaranty the quality of those services and does not guaranty that these services will remain available to the Member or her guests for any period of time, and hereby disclaims all liability arising out of such services.

Change of Address: Each Member must info1m Management of any change of address, phone number change or change of name.

Employees: The Member shall not either directly or indirectly, on her/his own account or otherwise, in any way hire, induce,

invite, solicit, or by any way, manner or means attempt to hire, induce, invite or solicit any employee or independent contractor of APOGEE to perform services outside of the Club for the Member or anyone else, or to leave the employ of APOGEE.

Business

Response:

Hello,

I am responding to complaint ID

[redacted]. The customer agreed to a 1 year commitment of 12 payments at Apogee.

Multiple times through the contract the customer refused to pay her monthly

dues. At the end of the signed agreement the customer called to cancel

her membership on 4/**/2013. When speaking with her we alerted her that in

order to cancel she would have to clear the declined balance from April, below

are email communications between Apogee and the customer. This balance of 79$

from April was never cleared so the account was not terminated. On 10/**/13 the

customer called to speak with us regarding her account not being terminated.

Once again we explained to her that the declined dues had not been collected

therefore, the account was not terminated. The client verbally communicated

that she had cancelled her credit card before canceling with Apogee; hence the

owed balance that was never resolved. She did not notify us of this stop to her

credit card.

Due to her misunderstanding

Apogee applied the clients May charge of 79$ to her declined April dues. As for

the other charges that the customer is disputing Apogee returned 237$ which is

3 months of her 79$ dues to her Visa/Mastercard. The statement that the

customer paid Apogee an extra 5 months of dues is a false statement. This issue

has been resolved with the customer.

Below are email communications

between the customer and Apogee staff communicating the original information

regarding clearing the balance before the termination; as well as letting her

know we have reconciled her account. Attached is proof of the return and I have

also attached the original sign agreement between Apogee and the client. Please

feel free to contact me if you need any further information. Thank you.

Thank

you,

Hi [redacted],

[redacted] Sent this over to me today.

So, as you see, the April charge was never taken care of and [redacted] did not hear back from

you regarding this. So, at this point the ball was in your court.

What I did today was return your May charges onto your Account, ran your April dues from

that and then returned the remaining charges so we are all square.

Thank you and let me know if you need anything else.

Best,

Subject: RE: Cancellation

Thank you [redacted]. I would be

happy to get this cancellation all set up for you. As I stated on the phone all

I will need you to do is clear the balance of 79$ on the account. I have

attached your original agreement with Apogee stating that all cancellations

must be submitted in writing with 30 days notice. I will waive the 30 days

notice for you which would cause you to be charged again on 5/**/13, as you can

see in Article V. You can give me a call at the studio to clear the balance

thank you.

Thank

you,