Balance Gym

To whom it may concern.This letter is a response to the complaint filed by [redacted] (ID: [redacted] ) regarding the cancellation of Mr [redacted] 's month-to-month CrossFit membership with Balance Gym.In his complaint, Mr [redacted] claims that the membership for which he signed up is similar to a one- month trial membership that he can cancel at any timeAttached is the contract Mr [redacted] signed in which the actual terms of the contract and cancellation policy are outlinedThe policy Mr [redacted] initialed says, "All cancellation or billing requests MUST BE EMAILED TO [redacted] and all subsequent documentation must be completed in order to finalize your cancellationAll cancellation requests require 30-day noticeIf day notice is provided during the billing cycle, the upfront final month's payment will be prorated to reflect 30-days from the point of cancellation, and the remaining balance will be refunded..." Mr [redacted] 's signed contract also states that recurring charges of $begin on 9/7/17.Mr [redacted] sent his cancellation request, also attached, on 9/5/We processed the cancellation on 9/7/and set it for 10/4/His billing cycle begins on the 7''" every monthBecause Mr [redacted] 's monthly payment was made on the 7th, we refunded him two days' dues, per our cancellation policy.Mr [redacted] called us soon after we sent him a confirmation email with this information, and he said his membership should be cancelled effective 9/6/17, and he should be refunded his dues from 9/7/in entiretyI read him the terms of his signed contract and told him we would not refund his money, and he said this was ridiculousHe asked how he could have ensured he wouldn't be charged the second month's dues, and I told him he would have had to have sent his email requesting cancellation on 8/7/for his cancellation to be effective 9/6/He asserted that a month-to-month CrossFit membership (versus a CrossFit membership with a "long-term contract") is "pay as you go", meaning he could cancel any time without paying any more duesI told him the difference between a month-to-month CrossFit membership and a CrossFit membership with a time commitment is that the latter has a lower rate that the member keeps after she meets the time commitmentCrossFit memberships also have a penalty when cancelled before meeting the time commitment, and month-to-month do notAll CrossFit memberships, excluding short-term, paid-in-full CrossFit memberships, require days' notice for cancellations.Balance Gym offers 12-month, 6-month and 4-month commitments for CrossFit memberships, month-to- month CrossFit memberships, and short-term, paid-in-full CrossFit membershipsThe longer the time commitment, the less expensive the membershipThe membership for which Mr [redacted] signed up is $+ tax per monthIf, as he alleges in his complaint, he wanted to try CrossFit for one month before making a decision about purchasing a different agreement, he should have purchased a short-term CrossFit membershipOne-month CrossFit memberships cost $-i- tax per month and do not have to be cancelled by emailing [redacted] Finally, Mr [redacted] writes in his complaint that he "pointed out to Balance Gym billing that [we] violated the 'monthly' cancellation [and we] did not dispute it"When he called, Mr [redacted] asked me repeatedly to tell him it was ridiculous that the policy was such that he could not cancel his membership effective 9/6/and receive a full refund for the dues payment on 9/7/17, contrary to the contract he signedI did not tell him the policy was ridiculous because we do not agree that the policy is ridiculousI merely apologized that he misunderstood itThe contract that Mr [redacted] signed clearly says he will have recurring charges of $beginning on 9/7/and that his cancellation request requires days' notice via email.Please let me know if you have any questions or concerns.Kind regards,Julia [redacted] Billing and Accounts Administrator

To whom it may concern,This letter is a response to the complaint filed by *** *** (ID: ***) regarding the cancellation of Mr***'s month-to-month Cross Fit membership with Balance Gym.In his most recent complaint, Mr*** referred to his final recurring charge as a "penalty for cancelling his membershipHowever, the cancellation of his month-to-month membership did not incur a penalty, which is a separate fee assessed to CrossFit memberships with time commitments that are canceled prior to meeting their obligationsRather, his final payment is a recurring charge to which he agreed by signing the contract for his agreement.Please let me know if you have any questions or concerns.Kind regards,

Complaint: ***
I am rejecting this response because it does not address the substance of what I said in my last message. Call it whatever you like--a "penalty", "reoccurring charge", "monthly deduction", etc. The agreement was that there would be no more charges to me if, by the end of the month, I decided that I did not wish to continue with the gym. That was violated, as described in my last message
Regards,
*** ***

To whom it may concern.This letter is a response to the complaint filed by [redacted] (ID: [redacted]) regarding the cancellation of Mr. [redacted]'s month-to-month CrossFit membership with Balance Gym.In his complaint, Mr. [redacted] claims that the membership for which he signed up is similar to a...

one- month trial membership that he can cancel at any time. Attached is the contract Mr. [redacted] signed in which the actual terms of the contract and cancellation policy are outlined. The policy Mr. [redacted] initialed says, "All cancellation or billing requests MUST BE EMAILED TO [redacted]. and all subsequent documentation must be completed in order to finalize your cancellation. All cancellation requests require 30-day notice. If 30 day notice is provided during the billing cycle, the upfront final month's payment will be prorated to reflect 30-days from the point of cancellation, and the remaining balance will be refunded..." Mr. [redacted]'s signed contract also states that recurring charges of $221.02 begin on 9/7/17.Mr. [redacted] sent his cancellation request, also attached, on 9/5/17. We processed the cancellation on 9/7/17 and set it for 10/4/17. His billing cycle begins on the 7''" every month. Because Mr. [redacted]'s monthly payment was made on the 7th, we refunded him two days' dues, per our cancellation policy.Mr. [redacted] called us soon after we sent him a confirmation email with this information, and he said his membership should be cancelled effective 9/6/17, and he should be refunded his dues from 9/7/17 in entirety. I read him the terms of his signed contract and told him we would not refund his money, and he said this was ridiculous. He asked how he could have ensured he wouldn't be charged the second month's dues, and I told him he would have had to have sent his email requesting cancellation on 8/7/17 for his cancellation to be effective 9/6/17. He asserted that a month-to-month CrossFit membership (versus a CrossFit membership with a "long-term contract") is "pay as you go", meaning he could cancel any time without paying any more dues. I told him the difference between a month-to-month CrossFit membership and a CrossFit membership with a time commitment is that the latter has a lower rate that the member keeps after she meets the time commitment. CrossFit memberships also have a penalty when cancelled before meeting the time commitment, and month-to-month do not. All CrossFit memberships, excluding short-term, paid-in-full CrossFit memberships, require 30 days' notice for cancellations.Balance Gym offers 12-month, 6-month and 4-month commitments for CrossFit memberships, month-to- month CrossFit memberships, and short-term, paid-in-full CrossFit memberships. The longer the time commitment, the less expensive the membership. The membership for which Mr. [redacted] signed up is $209 + tax per month. If, as he alleges in his complaint, he wanted to try CrossFit for one month before making a decision about purchasing a different agreement, he should have purchased a short-term CrossFit membership. One-month CrossFit memberships cost $250 -i- tax per month and do not have to be cancelled by emailing [redacted]. Finally, Mr. [redacted] writes in his complaint that he "pointed out to Balance Gym billing that [we] violated the 'monthly' cancellation [and we] did not dispute it". When he called, Mr. [redacted] asked me repeatedly to tell him it was ridiculous that the policy was such that he could not cancel his membership effective 9/6/17 and receive a full refund for the dues payment on 9/7/17, contrary to the contract he signed. I did not tell him the policy was ridiculous because we do not agree that the policy is ridiculous. I merely apologized that he misunderstood it. The contract that Mr. [redacted] signed clearly says he will have recurring charges of $221.02 beginning on 9/7/17 and that his cancellation request requires 30 days' notice via email.Please let me know if you have any questions or concerns.Kind regards,Julia [redacted] Billing and Accounts Administrator

August 21, 2016To whom it may concern,This letter is a response to the complaint filed by [redacted] and [redacted] (ID: [redacted]) regarding [redacted]'s annual membership with Balance Gym.All annual contracts with Balance Gym require cancellation requests be sent via email to [email protected]....

Membership consultants explain this policy to members when they purchase new agreements, and members initial the policy in their contracts. We cannot cancel memberships without written notification. [redacted] sent us a request to cancel her membership in September 2015 because she started a new job and was planning to use the gym at her new job. When we received her request, we sent her an exit survey, which she filled out. Neither her email nor exit survey, both attached, mentions [redacted]'s membership. [redacted]'s signed contract, also attached, outlines the cancellation policy, which says, "All cancellation or billing requests MUST BE EMAILED TO [email protected], and all subsequent documentation must be completed in order to finalize your cancellation.” We never received such a request from [redacted].Without a request for cancellation, we could not have cancelled [redacted]'s membership. Payments were charged automatically, but at least one payment was unsuccessful in June of this year. [redacted] received an email stating that his payment was unsuccessful, and his account was cancelled on 6/27/17. [redacted] sent us an email and called our office in August of this year stating that he was sure he and his wife had requested a cancellation of his membership, but even if they didn't request a cancellation, he should be refunded all payments starting in September 2015.[redacted] and [redacted] have contended that they should be refunded because [redacted] didn't use the gym after September 2015. However, gym memberships are not contingent upon usage. Members are paying for access to the gym; it is up to them how much they utilize the facilities. Moreover, we can't refund every member who says he or she forgot to cancel his or her membership because that would set a dangerous precedent that following the cancellation policy is not required and members can retroactively cancel their memberships and be reimbursed for payments whenever they wish.Please let me know if you have any questions or concerns. Kind regards,Julia S[redacted] Billing and Accounts Administrator