Asphalt Repair, Inc.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID# [redacted],...

and have determined that my complaint has NOT been resolved because:

In good faith a refund is due. The gym accepted a membership fee and then promptly closed which goes against any logic.  
 
 
 
In order for the Revdex.com to appropriately process your response, you MUST answer the question above.
Sincerely,
[redacted]

Good Day,I apologize for any inconvenience. We have corrected the billing issue. The member is no longer being double billed. The account is still active at this time. If the member would like to cancel I can cancel the account with no further billing. No other compensation is warranted.Thank you

We have attempted to reach the member by phone and email to discuss the situation. Christopher enrolled into a Premier membership at the [redacted] club. Christopher began to use the [redacted] club in September of 2016. There is no record that Christopher requested to change his home club....

Changing a home club requires the member to request and discuss new membership options. When you change the home club, you also have to change the membership to a currently offered membership at the new home club. Since Christopher have a single club access membership to [redacted], he would be charged a usage fee each time he visits another club. He was not charges usage fees from September of 2016 to January of 2017, since the [redacted] has been under renovations. We provided all [redacted] members the ability to use other clubs due to the renovations. The renovations ended which means the ability to use the other clubs ended. This is the reason Christopher was charged usage fees in February. Christopher will need to change his membership if he would like access to another club without being charged a usage fee.

[redacted] contacted us on 7/**/17 to cancel his membership. There is a 45 days notice and a $10.00 cancellation fee. The membership is set to cancel effective 9/**/17. We have already spoken to [redacted] and explained this information. We have no record of a request to cancel during the time of...

enrollment. [redacted] has paid the balance on the account for August which we waived the late fee for. The final billings are $11.66 on 9/*/17 and $10.00 on 9/**/17.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID# [redacted], and have determined that my complaint has NOT been resolved because:

[Your Answer Here]
 Your definition of active membership is ambiguous and unclear. This is a poor business practice to charge annual fees for services that will not be used. The cancellation defines the membership as inactive. Your terms are misleading and unfair to consumers.
 
 
 
In order for the Revdex.com to appropriately process your response, you MUST answer the question above.
Sincerely,
[redacted]

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID# [redacted], and have determined that my complaint has NOT been resolved because:

[Your Answer Here]
 Of course it will be removed because its been falsely sent there, but you're not taking ANY responsibility for FRAUDULENT ACTIVITY IN YOUR BUSINESS and provide ZERO explanation as to HOW this was done.  I have NEVER been to your place of business to provide you that information. you have NO signed contract and had no right to even "try" to charge anyone without a written expressed permission to do so. YOUR EMPLOYEES have created this account and LUCKILY I didnt get charged - but what if I did, and you have the never to say no refund will be issued. YOUR LUCKY I HAVE NO CHARGES OTHERWISE I'D DRAG YOUR FRAUDULENT BUSINESS TO COURT ! HOW DARE YOU RESPOND IN SUCH A MANNER?!   
 
 
 
In order for the Revdex.com to appropriately process your response, you MUST answer the question above.
Sincerely,
[redacted]

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID# [redacted], and have determined that my complaint has NOT been resolved because:

I officially reject the response from the business but I will pay the $39 due to concerns about their dishonest practices impacting my credit history or reputation in a similar fashion to their own terrible reputation both with the Revdex.com, on [redacted], and a number of other reviews.  I will be filing a formal complaint with Consumer Affairs about the practices of New York Sports Clubs regarding this issue and apparently the issue of a number of other consumers.As I have not been able to reach member services on my own in the past, if the company could contact me for payment information, it would be greatly appreciated.
 
 
 
 
In order for the Revdex.com to appropriately process your response, you MUST answer the question above.
Sincerely,
[redacted]

Member [redacted] had spoke to Shaheem T[redacted] regarding a medical cancel request for both the Passport and Personal Training memberships on 6/**/16. The member could have cancelled according to the normal cancel terms which is a 30 day notice for the Personal Training and a $39.95 cancel fee for...

the Passport but stated she was medically unable to use the club and the sessions. Therefore Shaheem sent a medical cancel request. The medical documentation was not sufficient since it did not state the member was unable to use the club/sessions for at least 6 months on letterhead with a doctor's signature. Therefore we sent the member an email advising the documentation is not sufficient and to either provide proper documentation or cancel according to the terms. Instead of providing documentation or cancelling according to the terms, the member disputed the charges with the billing institution. This caused several billing issues on the account with no cancellation placed until September due to the billing. Both memberships have been cancelled and there will be no further billing. The member currently has balances for June, July and September membership dues for both memberships. The August invoices were paid. After reviewing the situation, we are willing to accept cancellation according to the normal cancel terms as if the member requested to cancel on 6/**/16, not taking into account any medical documentation. Therefore we are clearing the balance for the July and September invoices totaling $894.90. The member would be responsible for paying the June invoices totaling $439.95. However if the member can provide valid medical documentation, dated in June 2016 stating that she was unable to use the club for at least 6 months on letterhead and signed by a physician then we would be willing to clear the June balance as well. There would be no refund warranted.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID# [redacted], and have determined that my complaint has NOT been resolved because:

Hello. Thank you for your response! I did not report my fall because I knew I wouldn't get anywhere. Nobody cared in that gym. I was nice enough not to sue. I just wanted out. It was a horrible experience for me all around. I asked the front desk staff to contact the manager in order to cancel my membership SEVERAL times. They would leave post-it notes for him to call me back. They also would text him right IN FRONT of me. He still would not return any of the messages that I left at the front desk or on his voicemails. He displayed a complete disregard and disrespect for me as a member of the club. I tried contacting him for MONTHS!!! It's a complete lack of professionalism. I also emailed and sent a letter to the headquarters in NYC. They, too, did not respond. I had no other choice but to terminate my membership with the cancellation of my credit card. I never used the gym during the months that you are charging me for. I had a lawyer look at the contract you sent me and he states that the gym only had authorization to charge my credit card on file. Once that card is no longer active, you do not have the authorization to charge me because I didn't authorize/sign for any other payment method except that one. It's completely illegal and fraudulent. Finally, there were ABSOLUTELY NO ATTEMPTS at collecting dues for the months of December, January, and February. I was NEVER contacted via phone, email, or mail regarding the billing of those months. I received several voicemails to rejoin the gym with NO mention of a past due bill. I would have tried to resolve the matter then. The only letter I received was from collections on 5/*/2016. I have attached a copy. I have also filed a complaint with the Nassau County Attorney General's Office. Thank you for your attention to this matter.
 
 
In order for the Revdex.com to appropriately process your response, you MUST answer the question above.
Sincerely,
[redacted]

Timothy enrolled into a Premier Month to Month membership on 5/**/15. At no time did the membership have a commitment period. The cancellation terms of the membership have remained the same since enrollment. As of 1/*/17, we did increase the monthly rate by $10.00, which brung his rate from $19.95...

to $29.95 per month. We sent a email to all members in December 2016, to advise of the upcoming increase in their monthly rate.  I point out that like other businesses, TSI must from time to time increase prices in order to offset rising costs and remain competitive. Without such increases, TSI could not remain in business. This would result in the loss of over 7,500 jobs in the New York State area. Most importantly, there is no language in [redacted]’s Membership Agreement that prevents TSI from increasing its price in connection with his membership.We did provide a credit for 2 months free (February and March 2017) as a courtesy. On 3/**/17, [redacted] informed us that he wanted to cancel, which we had processed. The cancellation was effective 4/*/17. We attempted to bill the $29.95 cancellation fee which declined. A $15.00 late fee was accrued and since [redacted] did not pay the $44.95 balance, the balance has since gone to collections. This balance is valid and would not be waived.

We apologize that you have had a negative experience. All current memberships require both an annual fee and a 45 day notice with a $10 cancel fee per our membership terms. All members receive emails after joining advising them to create an online profile, which displays the members agreement and...

terms. This also could have been requested at any time post enrollment. Members also have 10 days to change their mind if they don't agree to the terms, 7 additional days over the consumer right to cancel. Per the terms of the agreement and membership which has been used since November, we would be unable to refund the annual fee and cannot remove the 45 day notice and $10 cancel fee.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID# [redacted], and have determined that my complaint has NOT been resolved because:

[Your Answer Here]
NYSC is in breach of their own contract.  The larger problem --- beyond the signature, which is questionable -- is that in NYSC's own contract, there's a stipulation called "additional rights to cancellation." In it, it states that a member may cancel if they "move residence more than 25 miles from any health club operations by us/NYSC offering the same, or similar services." It's about three-quarters of the way down on the first page of the contract. I disclosed over and over again to the club and the manager that my husband and I were moving to Los Angeles, that it all transpired quickly (I was notified by my workplace just a couple of weeks before NYSC's automatic renewal), but NYSC refused to release me from my contract. I shared the lease contract as proof of our residence here, which took effect December *, 2017.  Furthermore, I have said I am happy to pay whatever prorated balance I have up to the point my cancellation took effect. My problem is with an automatic renewal for services I cannot use - as there are no NYSC in Los Angeles.
In order for the Revdex.com to appropriately process your response, you MUST answer the question above.
Sincerely,
[redacted]

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID# [redacted], and have determined that my complaint has NOT been resolved because:

[Your Answer Here] The signature on the form is definitely not mine. I have never signed anything with NYSC since Jan, 2015. I don't think I was even at NYSC the day the document was signed. And I don't know the person who did the form. I think there are legal ways to determine if the signature is forged or not. Regarding about the refund, what you refund me the $169 is what you charged me extra each month. Those money should be refund to be because NYSC should never taken them from me.  I am also asking you to refund me the down payment $149 I paid when I signed the membership in Jan, 2015. The reason I ask for this refund is because NYSC should be responsible for this cancellation. 
 
 
 
 
In order for the Revdex.com to appropriately process your response, you MUST answer the question above.
Sincerely,
[redacted]

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me and the matter has been resolved.
Sincerely,
[redacted]

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID# [redacted], and have determined that my complaint has NOT been resolved because:

this business purposefully delayed the notice of the leave from my personal trainer so that I would not cancel my personal training agreement by the renewal date. My personal training agreement gets renewed on the [redacted] of each month and I was given the notice of the leave of my trainer on the [redacted] of June (4 days after the renewal on 05/**). There is enough proof to believe that this was intentionally delayed so that I would pay an additional $95 for the extra session. For instance, I was the first client of the day and right after my training session I heard from other clients that my trainer was leaving and they wouldn't know what to do. This shows that this information had been hidden from me at least for a while to avoid me from canceling my agreement. To make matters worse, I informed the club on multiple occasions that I would be away in the month of July so I would freeze my membership in that month, further before I knew my trainer was leaving. So in addition to being charged for the additional session, I won't get to use that session since I will be away.
In order for the Revdex.com to appropriately process your response, you MUST answer the question above.
Sincerely,
[redacted]

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and although I was fraudulently charged and never signed up for a membership, find that this resolution is satisfactory to me and the matter has been resolved.
Sincerely,
[redacted]

[redacted] enrolled on 2/**/17 into a Passport Month to Month membership which continues to bill each month automatically until a request to cancel is received. We have record that [redacted] requested to cancel on 4/**/17, please see the attached cancel receipt that was sent to Alice. There is a 45 Day...

Notice to cancel therefore [redacted] membership will remain active until 5/**/17 and bill one final prorate for May. We understand that [redacted] is stating she only wanted the membership for two months but we have no record that [redacted] requested to cancel prior to 4/**/17. [redacted] has reviewed these circumstances with the Business Manager Kira S[redacted] who advised without any record of a prior request to cancel we could not waive the cancel terms or process a refund. If [redacted] can provide proof of a prior request to cancel, we would be happy to review it.

Good Day,I apologize for any inconvenience. The member has 10 days to cancel and get all fees returned back to them. No refund is due at this time. I have canceled the membership and as a courtesy I have canceled the membership as well s waive the cancellation fee. Thank you

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me and the matter has been resolved.
Sincerely,
[redacted]

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID# [redacted], and have determined that my complaint has NOT been resolved because:

[Your Answer Here]
 It's all well and good for NYSC to say that these fees (annual fee and cancellation term/fees) are part of all memberships, but perhaps it would be a good idea to tell this to potential/new members. My complaint from the beginning is that NYSC has not been upfront about these fees or additional ad hoc charges. It is poor business practice to try to hide these things from members. I know I am not the first to have these kinds of issues, as NYSC already has failing scores from the Revdex.com. If a bit of understanding and honesty (as well as a semblance of customer service) had been shown to me since the beginning of this ordeal, things could have turned out very differently in my dealings with NYSC. A refund would have been a gesture that would have allowed us to part ways amicably, or perhaps I would have stayed on as a member if I had felt that my concerns had been listened to. But since NYSC has refused to even consider any sort of partial refund, NYSC is losing yet another member, and I will not be shy about voicing my opinions of NYSC to those around me.
 
 
 
In order for the Revdex.com to appropriately process your response, you MUST answer the question above.
Sincerely,
[redacted]