Art of Eight Training and Fitness Center

Revdex.com: I have reviewed the response made by the business in reference to complaint ID [redacted] , and have determined that this proposed action would not resolve my complaint For your reference, details of the offer I reviewed appear below The response from this business is essentially a reeteration of my initial complaint with the subtle suggestion that I am being dishonest about what I was told verbally by the representative behind the counter the day I signed the contract which confirms my impressions about the underhanded and unethical business practices of this establishmentI will further pursue this matter with the California Attroney generals office for consumer affairs Regards, [redacted]

Good afternoon Ms***,Below is our rebuttal to the complaint filed by [redacted] :On 2/5/Mr [redacted] enrolled his son in our Kids' Program He signed the membership agreement (attached), which clearly states that there six payments of $to be made He made the first payment in person and the second one was automatically withdrawn per the contract (he did not make a "month-to-month" payment) [redacted] attended classes in the first days and then the father asked to cancel the membership Our personnel notified Mr [redacted] he had four payments remaining on the agreement In an email dated April 19th (attached) Mr [redacted] notified us of his intent to "finish out the months remaining on the contract." Obviously he has chosen to take different action The email conversation is attached, as is the membership agreement that Mr [redacted] signed.The team here at Art of Eight is a dedicated group of professionals doing our best to provide a healthy environment for our members in an honest way We take Mr [redacted] 's complaint very seriously and will continue to contest this complaint in order to maintain our good name.Please let me know if/when further action is required to clear up this matter.Thanks [redacted] Membership CounselorArt of Eight Training and Fitness Center

This letter is in response to the complaint lodged by [redacted] On February 10, [redacted] purchased a six month membership for $and was attending the gym regularly until he suffered an injury on March 24, and requested a membership freeze for six months He provided a doctor’s note on April 2, 2014, stating that his injury would take six months to healWe made an exception to our three month freeze policy and granted a six month freezeHis membership was extended until March 10, 2015, allowing six months for the injury to heal and the remaining months of his membership On February 24, he submitted a membership cancellation form (requires day notice) because he had moved to San Francisco He requested a prorated refund of his original payment which was denied because he submitted the cancellation request only two weeks before his contract was due to expire We have no record of any communication with [redacted] between April 2, when he requested the membership freeze and February 23, when he requested cancellation of his membership We are a full service gym which [redacted] could have used to aid in his rehabilitationWe have offered [redacted] a free six month membership should he decide to return to San Diego someday but he has declinedWe have complied with all of his requests, but he is not entitled to a refund, just because he did not attend the gym after his injury had healed If you have any questions or concerns, please feel free to contact me [redacted] Spectrum Center Blvd.San Diego, CA [redacted] www.ao8training.com CONFIDENTIALITY NOTICE: This e-mail and any attachments are intended solely for the use of the individual or entity to whom it is addressedIt may contain information that is privileged, confidential and exempt, or protected from disclosure under applicable lawIf the reader of this message is not the intended recipient or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any review, use, disclosure, distribution, or copying of this communication is strictly prohibitedIf you have received this communication in error, please notify the sender immediately and destroy all copies and attachments

To Whom it may concern, ? The member signed an agreement to pay a discounted rate of $per month for months? Two months in to the contract he submitted a cancellation request due to lack of time to use the facility which is not one of the qualifying reasons for early termination listed in his contractOn the last page of the attached agreement it clearly states: Aoreserve the right to charge you either 50% of the remaining dues under this membership agreement or a $cancellation fee (whichever is greater) for any cancellation that is within the term of this agreement and not a result of relocation, a verified medical disability, or job loss (Aoreserves the right to determine the specific measure of the cancellation charge at its discretion based on various factors, including but not limited to, the discounted membership price offered at time of sale and number of months remaining in the membership agreement)His request to cancel the agreement was denied but we offered him two forms of relief: (1) a free membership freeze to help him work with his schedule so he could come back to the gym; or (2) a discounted cancellation fee to terminate his contractThe member has refused both

Good afternoon Ms***,
Below is our rebuttal to the complaint filed by *** ***:
"">On 2/5/Mr*** enrolled his son in our Kids' Program He signed the membership agreement (attached), which clearly states that there six payments of $to be made He made the first payment in person and the second one was automatically withdrawn per the contract (he did not make a "month-to-month" payment) *** *** attended classes in the first days and then the father asked to cancel the membership Our personnel notified Mr*** he had four payments remaining on the agreement In an email dated April 19th (attached) Mr*** notified us of his intent to "finish out the months remaining on the contract." Obviously he has chosen to take different action The email conversation is attached, as is the membership agreement that Mr*** signed

Please be cautious with this businessI called to cancel a boxing membership since kickboxing was being incorporated into the lessonsI was not told this would be part of the boxing lessons when I signed upWhen I asked why they were doing this I was told "we don't plan on making boxing champions here"!!! Although this was not my expectation I did expect to get what I am paying forThe person on the phone sent me a cancelation form in an email and asked me to fill it out ASAPI sent it back the same dayI did not hear back from anyone for over a week and had to keep calling to speak with someone just to hear that they would not honor what I was told when I signed up and totally ignored the fact of what I was told or showing any considerationVery unprofessional and underhanded

Good afternoon Ms***,Below is our rebuttal to the complaint filed by *** ***:On 2/5/Mr*** enrolled his son in our Kids' Program He signed the membership agreement (attached), which clearly states that there six payments of $to be made He made the first payment in
person and the second one was automatically withdrawn per the contract (he did not make a "month-to-month" payment) *** *** attended classes in the first days and then the father asked to cancel the membership Our personnel notified Mr*** he had four payments remaining on the agreement In an email dated April 19th (attached) Mr*** notified us of his intent to "finish out the months remaining on the contract." Obviously he has chosen to take different action The email conversation is attached, as is the membership agreement that Mr*** signed.The team here at Art of Eight is a dedicated group of professionals doing our best to provide a healthy environment for our members in an honest way We take Mr***'s complaint very seriously and will continue to contest this complaint in order to maintain our good name.Please let me know if/when further action is required to clear up this matter.Thanks*** ***Membership CounselorArt of Eight Training and Fitness Center

To Whom it may concern,
">The member signed an agreement to pay a discounted rate of $per
month for months Two months in to the contract he submitted a cancellation
request due to lack of time to use the facility which is not one of the
qualifying reasons for early termination listed in his contractOn the last page of the attached agreement it clearly states: Aoreserve the right to charge you either 50% of the remaining dues under this membership agreement or a $cancellation fee (whichever is greater) for any cancellation that is within the term of this agreement and not a result of relocation, a verified medical disability, or job loss (Aoreserves the right to determine the specific measure of the cancellation charge at its discretion based on various factors, including but not limited to, the discounted membership price offered at time of sale and number of months remaining in the membership agreement)His request to
cancel the agreement was denied but we offered him two forms of relief: (1) a
free membership freeze to help him work with his schedule so he could come back
to the gym; or (2) a discounted cancellation fee to terminate his contractThe
member has refused both

Revdex.com:
I have reviewed the? response made by the business in reference to complaint ID ***, and have determined that this proposed action would not resolve my complaint.? For your reference, details of the offer I reviewed appear below
The response from this business is essentially a reeteration of my initial complaint with the subtle suggestion that I am being dishonest about what I was told verbally by the representative behind the counter the day I signed the contract which confirms my impressions about the underhanded and unethical business practices of this establishmentI will further pursue this matter with the California Attroney generals office for consumer affairs.?
Regards,
*** ***

To Whom it may concern,
? The member signed an agreement to pay a discounted rate of $per
month for months? Two months in to the contract he submitted a cancellation
request due to lack of time to use the facility which is not one of the
qualifying reasons for early termination
listed in his contractOn the last page of the attached agreement it clearly states: Aoreserve the right to charge you either 50% of the remaining dues under this membership agreement or a $cancellation fee (whichever is greater) for any cancellation that is within the term of this agreement and not a result of relocation, a verified medical disability, or job loss (Aoreserves the right to determine the specific measure of the cancellation charge at its discretion based on various factors, including but not limited to, the discounted membership price offered at time of sale and number of months remaining in the membership agreement)His request to
cancel the agreement was denied but we offered him two forms of relief: (1) a
free membership freeze to help him work with his schedule so he could come back
to the gym; or (2) a discounted cancellation fee to terminate his contractThe
member has refused both

Good afternoon Ms. [redacted],Below is our rebuttal to the complaint filed by [redacted]:On 2/5/16 Mr. [redacted] enrolled his son in our Kids' Program.  He signed the membership agreement (attached), which clearly states that there six payments of $79 to be made.  He made the first payment in...

person and the second one was automatically withdrawn per the contract (he did not make a "month-to-month" payment).  [redacted] attended 9 classes in the first 60 days and then the father asked to cancel the membership.  Our personnel notified Mr. [redacted] he had four payments remaining on the agreement.  In an email dated April 19th (attached) Mr. [redacted] notified us of his intent to "finish out the 4 months remaining on the contract."  Obviously he has chosen to take different action.  The email conversation is attached, as is the membership agreement that Mr. [redacted] signed.The team here at Art of Eight is a dedicated group of professionals doing our best to provide a healthy environment for our members in an honest way.  We take Mr. [redacted]'s complaint very seriously and will continue to contest this complaint in order to maintain our good name.Please let me know if/when further action is required to clear up this matter.Thanks[redacted]Membership CounselorArt of Eight Training and Fitness Center

To Whom it may concern,
 The member signed an agreement to pay a discounted rate of $89 per
month for 6 months.  Two months in to the contract he submitted a cancellation
request due to lack of time to use the facility which is not one of the
qualifying reasons for early termination...

listed in his contract. On the last page of the attached agreement it clearly states: Ao8 reserve the right to charge you either 50% of the remaining dues under this membership agreement or a $200 cancellation fee (whichever is greater) for any cancellation that is within the term of this agreement and not a result of relocation, a verified medical disability, or job loss (Ao8 reserves the right to determine the specific measure of the cancellation charge at its discretion based on various factors, including but not limited to, the discounted membership price offered at time of sale and number of months remaining in the membership agreement). His request to
cancel the agreement was denied but we offered him two forms of relief: (1) a
free membership freeze to help him work with his schedule so he could come back
to the gym; or (2) a discounted cancellation fee to terminate his contract. The
member has refused both.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
The response from this business is essentially a reeteration of my initial complaint with the subtle suggestion that I am being dishonest about what I was told verbally by the representative behind the counter the day I signed the contract which confirms my impressions about the underhanded and unethical business practices of this establishment. I will further pursue this matter with the California Attroney generals office for consumer affairs. 
Regards,
[redacted]

This letter is in response to the complaint lodged by
[redacted].
 
On February 10, 2014 [redacted]
purchased a six month membership for $474.00 and was...

attending the gym
regularly until he suffered an injury on March 24, 2014 and requested a
membership freeze for six months.  He provided a doctor’s note on April 2,
2014, stating that his injury would take six months to heal. We made an
exception to our three month freeze policy and granted a six month freeze. His
membership was extended until March 10, 2015, allowing six months for the
injury to heal and the remaining months of his membership.
 
        On February
24, 2015 he submitted a membership cancellation form (requires 30 day notice)
because he had moved to San Francisco.  He requested a prorated refund of
his original payment which was denied because he submitted the cancellation
request only two weeks before his contract was due to expire.  We have no
record of any communication with [redacted] between April 2, 2014 when he
requested the membership freeze and February 23, 2015 when he requested
cancellation of his membership.
 
       We are a full
service gym which [redacted] could have used to aid in his rehabilitation. We have
offered [redacted] a free six month membership should he decide to return to
San Diego someday but he has declined. We have complied with all of his
requests, but he is not entitled to a refund, just because he did not attend
the gym after his injury had healed.  If you have any questions or
concerns, please feel free to contact me.  
[redacted]8623 Spectrum Center Blvd.San Diego, CA 92123[redacted]www.ao8training.com 
 
CONFIDENTIALITY NOTICE: This e-mail and any
attachments are intended solely for the use of the individual or entity to whom
it is addressed. It may contain information that is privileged, confidential
and exempt, or protected from disclosure under applicable law. If the reader of
this message is not the intended recipient or the employee or agent responsible
for delivering it to the intended recipient, you are hereby notified that any
review, use, disclosure, distribution, or copying of this communication is
strictly prohibited. If you have received this communication in error, please
notify the sender immediately and destroy all copies and attachments.

Review: I canceled my gym membership at Art of Eight Training & Fitness Center in October 2014, citing cancellation reasons as being too busy with a full-time job and graduate school schedule to enjoy complete benefits of a membership. This cancellation form was signed by a front desk manager who let me know that my membership was canceled. In May 2015 and June 2015, I was billed $79 each month by Art of Eight. When I informed the gym of these unauthorized charges, they said I was being billed because my membership was never cancelled, but it was actually frozen. I had not used any of the gym's services since I canceled my membership in October 2014, nor did anyone from this establishment ever reach out to me to say there were issues with my cancellation or that my credit card information was still on file. I was not given any indication that I was responsible for any further payments, as I was told my membership was cancelled in October 2014. Because no one from Art of Eight's gym or corporate office had contacted me since I cancelled my membership in October 2014, I was not aware of any complications with my cancellation, and was under the impression that my membership had been canceled for the past eight months.Desired Settlement: Full refund of $158, and termination of a $79 charge that is anticipated in July 2015.

Review: I injured my Achilles and provided the club with my medical record that requests time away from the gym until I recovered. My recovery time lasted longer than expected and I provided the gym with another medical letter alerting them that I need extra time away to recover during which I will undergo physical therapy. After completing my physical therapy, I moved to the Bay area and I provided the gym my utility bill that verifies my address change.A representative from the gym stated "we don't honor back to back medical freezes". This policy is not written down anywhere and also was not explained to me when I provided them with my second request for an extension due to medical reasons.Desired Settlement: I would like to be refunded with a prorated portion of what I initially paid them for a 6 month membership. ~$500.

Business

Response:

This letter is in response to the complaint lodged by

[redacted].

On February 10, 2014 [redacted]

purchased a six month membership for $474.00 and was attending the gym

regularly until he suffered an injury on March 24, 2014 and requested a

membership freeze for six months. He provided a doctor’s note on April 2,

2014, stating that his injury would take six months to heal. We made an

exception to our three month freeze policy and granted a six month freeze. His

membership was extended until March 10, 2015, allowing six months for the

injury to heal and the remaining months of his membership.

On February

24, 2015 he submitted a membership cancellation form (requires 30 day notice)

because he had moved to San Francisco. He requested a prorated refund of

his original payment which was denied because he submitted the cancellation

request only two weeks before his contract was due to expire. We have no

record of any communication with [redacted] between April 2, 2014 when he

requested the membership freeze and February 23, 2015 when he requested

cancellation of his membership.

We are a full

service gym which [redacted] could have used to aid in his rehabilitation. We have

offered [redacted] a free six month membership should he decide to return to

San Diego someday but he has declined. We have complied with all of his

requests, but he is not entitled to a refund, just because he did not attend

the gym after his injury had healed. If you have any questions or

concerns, please feel free to contact me. [redacted]

8623 Spectrum Center Blvd.

San Diego, CA 92123

www.ao8training.com

CONFIDENTIALITY NOTICE: This e-mail and any

attachments are intended solely for the use of the individual or entity to whom

it is addressed. It may contain information that is privileged, confidential

and exempt, or protected from disclosure under applicable law. If the reader of

this message is not the intended recipient or the employee or agent responsible

for delivering it to the intended recipient, you are hereby notified that any

review, use, disclosure, distribution, or copying of this communication is

strictly prohibited. If you have received this communication in error, please

notify the sender immediately and destroy all copies and attachments.

Review: Upon joining the Art of Eight Gym, I joined in at what was described as a "6 month special discounted rate" of $89 per month for a membership fee, then $119/month thereafter. Since joining the gym on 8/19/2015 I have attended two times, finding it difficult to attend scheduled classes given my schedule. The classes I had attended I would rate a 4/10 related to enjoyability. I was dissatisfied with the product being rendered and submitted a request for cancellation given I had only attended twice, a good business practice would be to allow contract cancellation, I was not requesting a refund, simply to stop charging my debit card and cancel the contract from this point forward. I received an email from an Art of Eight representative stating I would have to pay a $200 contract cancellation fee. This is very inappropriate and very poor business, treating a customer like this will reflect throughout the community..Desired Settlement: Cancellation of contract and refund of debit charges made to my debit card after submitting my cancellation request. My card was charged for a second time of another $89 on the scheduled billing date of the 15th after my request for cancellation an entire month prior to the second charge and is scheduled to continue charging my debit card. my card has been charged $89 upon my first day, and another $89 after requesting cancellation. I am a fair customer and will forego my first payment upon agreement of contract cancellation and refund of all other charges.

Business

Response:

To Whom it may concern,

The member signed an agreement to pay a discounted rate of $89 per

month for 6 months. Two months in to the contract he submitted a cancellation

request due to lack of time to use the facility which is not one of the

qualifying reasons for early termination listed in his contract. On the last page of the attached agreement it clearly states: Ao8 reserve the right to charge you either 50% of the remaining dues under this membership agreement or a $200 cancellation fee (whichever is greater) for any cancellation that is within the term of this agreement and not a result of relocation, a verified medical disability, or job loss (Ao8 reserves the right to determine the specific measure of the cancellation charge at its discretion based on various factors, including but not limited to, the discounted membership price offered at time of sale and number of months remaining in the membership agreement). His request to

cancel the agreement was denied but we offered him two forms of relief: (1) a

free membership freeze to help him work with his schedule so he could come back

to the gym; or (2) a discounted cancellation fee to terminate his contract. The

member has refused both.