Bad Ass Fitness, Inc.

To whom it may concern,
Bad As Academy since the start of our business has taken customer
satisfaction very seriously. Since day
one we have always outlined and carefully listed all details to our agreement. When joining Bad As Academy there are no surprises
just results [redacted] has called the office several times and several times we
have tried to explain that her daughter has signed up for a yearly
membership. [redacted] has done
everything but listen, she has called and used inappropriate language,
threatened & ridiculed our staff.
Even thru all this we have still tried to assist her even tho [redacted] is not even the member her daughter [redacted] is. [redacted] is years of age, she has signed a
yearly agreement at a discounted price of $ Our rate for yearly is and our month to month is Her contract started on 9/**/and is set
9/**/2015.
[redacted] received a contract on the day she signed up and can also
access it on her online profile. All our members receive a free online profile to review contracts, payments, attendance, purchases and more Our
cancellation policy is listed on both and I have attached it below to prove how
fair it is. We never received a letter
just horrific phone calls, which were all answered. Till today [redacted] has a negative balance
of $818.91. Her contract has been suspend
because of lack of payment. Bad As
Academy is willing to settle for $409.45, this offer is valid for days [redacted] should also be aware that the emails were only attempts to
receive payments. Only payments for
were ever made, at this time Bad As Academy stands by its decision of
not releasing [redacted] of its financial and contractual obligation and we
will seek legal judgment against her for money owed. We also will file legal actions against
[redacted] if she continues with the degrading and threating phone calls.
At Bad As we have one goal is to change peoples lives in a positive
way, not steal from them.
Cancelation Policy:
I understand that I may cancel my membership
days prior to the first anniversary of the contract start dateIf I do not
cancel my membership, it will continue month to month until I cancel it by (1)
giving Bad As Fitness, Incthirty (30) days written notice to the address set
forth above or to Bad As Fitness, IncDepartment Of Member Services [redacted] giving full payment of any unpaid or
indebtednessI (i) have no medical or physical condition or history which
would prevent me from using all or any of the facilities, equipment and/or
services and/or endanger myself or others, and (ii) have not been instructed by
any physician not to use any of the facilities, equipment and/or services
Subject to the following cancellation rights provided under Article of the
New York General Business Law, this application shall become a binding
agreement when signed by me and accepted by Bad As Fitness, INCCONSUMER's
RIGHT TO CANCELLATION: YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR
FURTHER OBLIGATION WITHIN THREE (3) DAYS FROM THIS DATE by written notification
to:Bad As Fitness, IncDepartment Of Member Services [redacted] or to the address stated above by certified or registered
mail.ADDITIONAL RIGHTS TO CANCELLATION: You may also cancel this contract for
any of the following reasons: • If upon a doctor's written order, you cannot
physically receive the services because of significant physical disability for
a period of six (6) months• If you die, your estate shall be relieved of any
further obligations for payment under this contract not then due and owing•
If you move your residence more than twenty-five (25) miles from any health
club operated by seller• If the services cease to be offered as stated in
this contractIf you cancel this agreement before your commitment period
expires for reasons other than stated above, you will be charged a cancellation
fee of $I have read and agree to the terms and conditions of this
Membership Agreement
P.S. Please provide certified
letter tracking number and bank statements for proof this complaint is even
justifiable

Review: My daughter signed up for this gym on a month to month basis, with no contract. She was told they had to have a credit card on file, which she provided but then paid for her 30 day membership in cash. In April I discovered that though my daughter did not go to or agree to another month of membership, the company had/has continued to charge the credit card on file every month (illegally as I am the only authorized signature on this card). I called the business several time. At one point I was told to write a letter and mail it, which I did and confirmed they received it. Still no refund. I have been told no less than 7 times that the manager "Anthony" would call me to resolve the issue, yet I have never heard from him. I have filed a dispute with my credit card company. This business is breaking the law by charging credit cards they have NO AUTHORIZATION to charge.Desired Settlement: I want all charges and resulting credit card fees returned to me immediately., in total $665.94, including $75.99 for charges and $35 for credit card fees for each of the 6 months my card was charged illegally

Business

Response:

Review: My complaint about Badass Academy is concerning my move from the area. I moved from Brooklyn New York to Rutherford New Jersey to live with my parents on December [redacted]. I dropped off proof of address on December [redacted] to the gym in the form of an insurance bill and was told it would be left for the manager with a note. I did not hear from anyone so I called back on December [redacted] and spoke to [redacted] the manager. He said he would review it with his membership team. I didn't hear anything so I called again on December [redacted] and spoke to [redacted] again. He said he sent an email and was not able to cancel the membership without proof of a utility bill, but it must have went to spam. I checked my spam folder and it was not in there. As I am not moving into my own place and do not own a car, I do not have a utility bill under my name and have no need to change my license yet, which costs money. They refused to cancel the membership and said if I stop payment on the credit card that they will put me into collections. I do not understand the need for a utility bill considering an insurance bill has the address on it and asked if the contract states it has to be that kind of proof and he said yes. I do not have the contract so I have no way of know if this is correct. He said it is an industry standard but last time I moved 2 years ago, I did not have a problem just showing a credit card bill.Desired Settlement: I just want the membership cancelled with no fee.

Business

Response:

Dear [redacted],

[redacted] Member Number [redacted] signed a contract at our facility on May [redacted], 2013. The contract term is for one year and she received a special introductory rate of $74.99 waiving an enrollment fee of $29.99. Total cost of contract is $824.89, which $449.94 is currently over due. [redacted] stopped paying after her first month.

I have a signed contract with [redacted] signature stating:

*I have acknowledged that I have received and will comply with the rules and regulations of Bad As Fitness Inc. I understand that my membership will continue until I cancel it by (1) Giving Bad As Fitness Inc 30 days written notice by certified or registered mail. (2) Turning in my membership card. (3) Giving full payment of any unpaid dues or indebtedness.

*I also understand that my membership is non-transferable.

Subject to the following cancellation rights provided under Article 30 of the New York General Business Law, this application shall become a binding agreement when signed by me and accepted by Bad As Fitness Inc.

CONSUMER’S RIGHT TO CANCELLATION: You may cancel this contract without any penalty or further obligation with three (3) days from this date by written notification to: Bad As Fitness Inc., [redacted] by certified or registered mail.

Beside the fact that [redacted] is over due in payment and we cannot cancel until balance is up to date. She hasn't followed proper procedure or provided proper documentation. If we were to approve the inadequate documentation, her new address door to door is 19.72 miles from our location. We have a limit of 25 miles door to door from our facility for cancellation without penalties. [redacted] has to bring her account to current and either pay a $275.00 cancellation fee or remainder of contract. [redacted] is deliberately trying to avoid paying for her membership, and in the process trying to tarnish our company name with this phony complaint.

[redacted] should own up to her responsibilities and pay her contractual obligations. If she does not I will be forced to take her to collections, and also will legally hold her responsible for any effects of this complaint. Thank you for your time and look forward to hearing from you soon.