Beacon Hill Athletic Clubs

? I am rejecting this response because: I do not believe it is fair to change the level of service provided without my agreement but still hold me to a contractI purchased a service with a one year contract with a reasonable assumption that the service would be available to me on the Tuesday and Thursday mornings as those were their stated hours of operationI should be let out of this contract as the tems of the contract have been changed by the business.?

Our cancellation policy requires members to give us a day written notice prior to the billing date (the first of every month), either by certified letter or by filling out a form in personThis is the bare minimum requirement of gyms our sizeMost will charge a fee or require much more notice We are very open about this policyIf you sign up in person it’s highlighted on the contract and requires a members initials in order to complete the siprocessOn our online portal it is listed on the Membership Plan description page (see figure 1)Once the sign up process is complete the member can choose to either print or download the contract, which is also visible on the screen (see figure 2)Right then there are options if someone needed a copy of their contract, Either printing it, downloading it or taking a screen shot of the contract if they did not have [redacted] or a printerWe go as far as listing our cancellation policy at the bottom of all promotional material that is emailed to members, ienewsletters and welcome emails (see figure 3)It is not something that is in the “fine print” that we try to sneak by membersWe are very open and forthright with the process because we are a small, locally owned business and we care about the consumerOur join online process does not have the capability to automatically email the member a copy of their contractIt is left up to the consumer to either download a copy or print itIf anyone joining online requested a copy of his or her contract either in person, by phone, or by email we could easily fulfill that requestIf the customer in question needs a physical copy of a contract in order to abide by the terms of that contract then he had several avenues in which he could have used to obtain oneOn the customers first visit to the club we were unfortunately short staffed that morningHe had checked in at 11:55am when we only had trainer on staff covering a member service shiftHe was with a client when the customer approached him and asked for a “tour” (this is what the customer told me over the phone in his own words.) My trainer was unfortunately busy with a client but still pointed the customer in the right direction of our locker room and facilitiesAt 12pm there were people on shift, including meIf he wanted a copy of his contract or had any questions at all he could have asked then [redacted] Manager Beacon Hill Athletic Clubs [redacted]

Revdex.com: I have reviewed the response submitted by the business and have determined that the response does not satisfy or resolve my issues and/or concerns in reference to complaint # [redacted] Sadly, there's no proof that there was no deceptive practice taking placeThese documents are easily editedIf this were directly emailed to my account as is the case with most, if not all, gyms which request an email, then there would be no discrepancy.It is hereby declared to be an unfair and deceptive trade practice in violation of chapter ninety-three A, for a seller, or his agents, employees or other representatives to fail to clearly and conspicuously post on its health club premises all of its courses and membership prices, discounts, sales or offers.As this did not solve my issue, I will pursue legal action within my rightsAs my contract is void due to this violation, I am due up to three times my payment during the violated contract, per MGL ch.93A.Cancel my contract, as I will indeed pursue legal action if not Regards, [redacted]

I will refund the accountThere is no way of me knowing what was said over the phone or who was spoken to at the clubIt looks like most of [redacted] visits were to our [redacted] , so she could have been speaking to someone out thereThere just seems to be a lot of misinformation, and this is why all account changes are done in writingAll accounts are cancelled for the first of the month, there is no canceling for the 16th of a monthThe cancellation was filled out to cancel "effective the last day of May, 16" as in May (Ive attached a copy of the cancellation.)We do allow some leeway to our cancellation policy, that is what was probably told to [redacted] over the phoneThe absolute latest we take cancellations for the end of a month is the 5th [redacted] was likely told on the phone that she would have to fill out the cancellation by April 5th, to cancel the account for May 1stShe missed that deadline by days, the cancellation was filled out on 4/8/and that is why she was charged for MayThis is all told to members upfront at the sign up process and all of our contracts require an initial of our cancellation policy to complete the sign up processMembers are also given a copy of their contract at sign up so they can refer back to it The account is refunded as of today 5/23/

Please see two attached images"The Consumer's Right To Cancellation" clause is on all of our contractsIt was not on the original screen shot I took for the initial response, but you can clearly see it is directly below our cancellation policyI have also attached the physical copy that is filled out in person if someone were to join here at the club instead of onlineAgain there is nothing devious or deceitful with our policiesWe are open and forthright with the cancellation policy with all membersThe consumer willing signed up for our membership and had several opportunities to download, print, or screen grab his copy of his contract at that momentHe could have also ask for a copy in person at any time, emailed the contacts on the website asking for a copy of his contract, or called at any point and requested one

Good Afternoon,The Minute Hit contract does not contain any terms or conditions regarding the opening hours of the gym or the amount of hours that the facility will be open. Therefore, the change of hours that occurred in May is not a valid reason for cancellation. The cancellation terms are clearly laid out in the contract and as a franchise owner I am legally obliged to follow this franchise policy. If these terms are not applicable and the member still wishes to cancel the contract, there is an option to buy out the remaining term of the contractIn the case of *** *** there are months remaining with a monthly fee of $per month, so the buy out fee would be $523.25. Kind regards,*** ***

Good Evening, I am writing in response to complaint made against Minute Hit by *** *** Firstly, at the time that these payments were taken, the client had a valid contract with the organisation. The contract, included as an attachment was signed by the client on
13th September and provides evidence that the client accepted the terms of the contractThe service described in the contract, was available to the client until the contract was cancelled on 6th June 2018. Based on this evidence, I refute the claim for a refund. Secondly, all of the trainers in the gym are trained in the contract siand cancellation process and readily provide the cancellation forms upon request The franchise policy is always followed and no cancellation form request is refused. Once the form is signed and returned, the cancellation request is processed so long as the term of the contract has been completed. Finally, I have acted in a factual and professional manner throughout my correspondence with *** *** and have attached the e-mail chain as evidence. Based on all of this evidence, I refute the complaint. Happy Hitting! *** ***Minute Hit Halifax902-407-8882www.30minutehit.com

I am rejecting this response because:
I do not believe it is fair to change the level of service provided without my agreement but still hold me to a contractI purchased a service with a one year contract with a reasonable assumption that the service would be available to me on the Tuesday and Thursday mornings as those were their stated hours of operationI should be let out of this contract as the tems of the contract have been changed by the business.

I am responding to the complaint filed by *** ***On 1/5/16, we had issued a credit to the credit card for $127.00.***

Revdex.com:
I have reviewed the response submitted by the business and have determined that the response does not satisfy or resolve my issues and/or concerns in reference to complaint # [redacted].
Sadly, there's no proof that there was no deceptive practice taking place. These documents are easily edited. If this were directly emailed to my account as is the case with most, if not all, gyms which request an email, then there would be no discrepancy.It is hereby declared to be an unfair and deceptive trade practice in violation of chapter ninety-three A, for a seller, or his agents, employees or other representatives to fail to clearly and conspicuously post on its health club premises all of its courses and membership prices, discounts, sales or offers.As this did not solve my issue, I will pursue legal action within my rights. As my contract is void due to this violation, I am due up to three times my payment during the violated contract, per MGL ch.93A.Cancel my contract, as I will indeed pursue legal action if not.
Regards,
[redacted]

Revdex.com:
I have reviewed the response submitted by the business and have determined that the response does not satisfy or resolve my issues and/or concerns in reference to complaint # [redacted]. Please add your rejection comments below. 
Citing Massachusetts General Law Section 81. Every contract for health club services shall provide clearly and conspicuously in writing that such contract may be cancelled within three business days after the date of receipt by the buyer of a copy of the written contract or written receipt indicating the buyer's payment for health club services. The contract for health club services shall contain the following written notice in at least ten point bold type:''CONSUMER'S RIGHT TO CANCELLATION. YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR FURTHER OBLIGATION BY CAUSING A WRITTEN NOTICE OF YOUR CANCELLATION TO BE DELIVERED IN PERSON OR POSTMARKED BY CERTIFIED OR REGISTERED UNITED STATES MAIL WITHIN THREE (3) BUSINESS DAYS OF THE DATE OF THIS CONTRACT OR THE DATE OF YOUR RECEIPT TO THE ADDRESS SPECIFIED IN THIS CONTRACT.''Their explicit violation of this law is cause enough to make my contract null and void. If my contract is not cancelled and fees removed I will be forced to take legal action pertaining to their violation of Massachusetts General Law. They have submitted their proof of contract and terms, nowhere was this visible.
Regards,
[redacted]

I will refund the account. There is no way of me knowing what was said over the phone or who was spoken to at the club. It looks like most of [redacted] visits were to our [redacted], so she could have been speaking to someone out there. There just seems to be a lot of misinformation,...

and this is why all account changes are done in writing. All accounts are cancelled for the first of the month, there is no canceling for the 16th of a month. The cancellation was filled out to cancel "effective the last day of May, 16" as in May 2016 (Ive attached a copy of the cancellation.)We do allow some leeway to our cancellation policy, that is what was probably told to [redacted] over the phone. The absolute latest we take cancellations for the end of a month is the 5th. [redacted] was likely told on the phone that she would have to fill out the cancellation by April 5th, 2016 to cancel the account for May 1st. She missed that deadline by 3 days, the cancellation was filled out on 4/8/16 and that is why she was charged for May. This is all told to members upfront at the sign up process and all of our contracts require an initial of our cancellation policy to complete the sign up process. Members are also given a copy of their contract at sign up so they can refer back to it.  The account is refunded as of today 5/23/16.

Please see two attached images. "The Consumer's Right To Cancellation" clause is on all of our contracts. It was not on the original screen shot I took for the initial response, but you can clearly see it is directly below our cancellation policy. I have also attached the physical copy that is filled out in person if someone were to join here at the club instead of online. Again there is nothing devious or deceitful with our policies. We are open and forthright with the cancellation policy with all members. The consumer willing signed up for our membership and had several opportunities to download, print, or screen grab his copy of his contract at that moment. He could have also ask for a copy in person at any time, emailed the contacts on the website asking for a copy of his contract, or called at any point and requested one.

Revdex.com:
I have reviewed the response submitted by the business and have determined that the response does satisfy my issues and/or concerns in reference to...

complaint #[redacted]. I understand that by choosing to accept the business response that my complaint will be closed as resolved. 
Regards,
[redacted]

Our cancellation policy requires members to give us a 30 day written notice prior to the billing date (the first of every month), either by certified letter or by filling out a form in person. This is the bare minimum requirement of gyms our size. Most will charge a fee or require much more notice....

We are very open about this policy. If you sign up in person it’s highlighted on the contract and requires a members initials in order to complete the sign-up process. On our online portal it is listed on the Membership Plan description page (see figure 1). Once the sign up process is complete the member can choose to either print or download the contract, which is also visible on the screen (see figure 2). Right then there are 3 options if someone needed a copy of their contract, Either printing it, downloading it or taking a screen shot of the contract if they did not have [redacted] or a printer. We go as far as listing our cancellation policy at the bottom of all promotional material that is emailed to members, ie. newsletters and welcome emails (see figure 3). It is not something that is in the “fine print” that we try to sneak by members. We are very open and forthright with the process because we are a small, locally owned business and we care about the consumer. Our join online process does not have the capability to automatically email the member a copy of their contract. It is left up to the consumer to either download a copy or print it. If anyone joining online requested a copy of his or her contract either in person, by phone, or by email we could easily fulfill that request. If the customer in question needs a physical copy of a contract in order to abide by the terms of that contract then he had several avenues in which he could have used to obtain one. On the customers first visit to the club we were unfortunately short staffed that morning. He had checked in at 11:55am when we only had 1 trainer on staff covering a member service shift. He was with a client when the customer approached him and asked for a “tour” (this is what the customer told me over the phone in his own words.) My trainer was unfortunately busy with a client but still pointed the customer in the right direction of our locker room and facilities. At 12pm there were 3 people on shift, including me. If he wanted a copy of his contract or had any questions at all he could have asked then. [redacted] Manager Beacon Hill Athletic Clubs [redacted]