Best Fitness of Tonawanda

On January 28th I entered the gym like I do any other day but today when I scanned my membership tag the front counter staff member told me that my membership had been canceled He directed me to a corporate staff member Joey who told me they canceled my membership b/c I was an employee years ago and gave no other reason I was also not allowed to go and get my boyfriend who was working out in the back corner of the gym I asked specifically again why it was that my membership had been canceled without any warning or notice and Joey went and printed out my contract After about minutes of him looking over the contact in his office apparently reading it over himself looking for a reason to highlight, he came out with a section highlighted stating that if I was using their facility to solicit business as a trainer myself they have the right to cancel my membership Never have I ever received money or trained an individual while at the gym other then the obvious while I was an em

I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear belowThank you for providing the phone records, however, no where on there does it state the number that was called or the address to which correspondence was sentI understand that you are trying to prove your case, and understand that I am also trying to prove minePlease enclose a copy of the personal training contract in your next correspondence so that if I seek legal counsel regarding the matter I have everythingI have requested that contract three times, and have yet to receive it, although you keep referring to the terms of the contract, I cannot verifyPlease also note that I have yet to receive a phone call regarding this matter to date from your company or *** *** to resolve my issue and the only head way I've made thus far has been through this venue, which is unfortunate. I would like to resolve this issue, but expecting me to pay for months for a gym membership that was not cancelled properly by your company is not only unfair, but illegal.
Regards,
*** ***

Thank you for your inquiry regarding your issue.  When cancellation is done at all of our Best Fitness location, their is an online cancellation that is done and sent to that person that canceled email that is on file.  We do ask member if email on file is current and cancellation will be...

sent to that email.  If she can provide the email that her account was canceled we can refund Erin the proper amount based off of her membership.  Her cancellation of her PT needs to be done in person and a change form would have been presented to her.  If she can provide best fitness with that piece of paper we can refund necessary amount needed if she was charged after her cancellation.  We do not refund sessions.  Those are good up to one year of purchase to be used by the member at the members discretion but Erin must be a member at best fitness to use those.

Thank you for your response Erin.  Attached is copy of both of your agreements for PT and also Membership.  For your membership agreement, it states in section 6 renewal option.  In that section it states that you agree to go on a month to month basis until you cancel your agreement.  In this section you initialed agreeing to this option.  Since we have no cancel on file and you can not produce any information that you canceled Erin, you were charged until you went into collections.  I know you previously stated that it did not show what number or address they sent your letters and calls to.  They called and sent letters based on what information you provided us on date of sign up.  It is not our responsibility or know how to change the information unless noted by you, and you only since your the one financially responsible for the account. If you did move you would have had to fill out an address change form through the postal service and the letters would have been forwarded to you via the USPS. The other section I wanted to high light was the buyers right to cancel and additional rights to cancel.  Under those sections it states what circumstance we allow to cancel without penalty and how to cancel which need to be followed to cancel your agreement.  If you can produce the documents that you canceled then we can cancel your agreement properly and clear your account.  If not we can settle for half and that's all that we can do. For Personal Training:     Under section refunds:  which is stared: No refunds will be made for services purchase.  And under personal training program services:  it is clearly stated in brackets that I made it says: "that all personal training sessions, of any number of sessions purchases, must be completed by clients within one year of the agreement date.  If sessions (including make-up sessions) extend beyond the above stated prior, then the remaining sessions of the agreement are considered to have lapsed and will immediately be discontinued.  As provided all documents to member for both membership and personal training we find this matter to be fully settled on our behalf.  The only option for Erin is to provide documentation that the agreement has been canceled and we can correct the matter.  Erin has been sent to collections where we can assist her to settle for half the amount she was sent to collections for.

Ms. [redacted] had no record of cancelling her personal training account or updating the billing for her personal training account. It was explained to her by club management that if she brought in proof of either of these, we would remove her from collections immediately. Nothing was ever brought...

into the club as proof, so we had to stick by the original decision to send the delinquent account to our collections agency. On 1/15/15, Ms. [redacted] made a payment in the club for her past due 12/6/14 PT invoice, at this point her 1/6/15 payment would have been past due as well. Again, there was no record of updating billing, making a payment to bring the entire account balance current, or cancelling personal training at that time. To say that Best Fitness did not try to contact Ms. [redacted] is false. We had an alert on her account since January 2015 regarding her past due personal training account and her credit card had expired as well. Each time she checked in the alert would have popped up on her account. The main reason the management hesitated on responding is because Ms. [redacted] became very hostile in communicating with our staff, even ended up calling one of our managers names. In instances like this, it is typically advised that the manager request the member take the complaint to a mediator like the Revdex.com in order to resolve the conflict or ask the member to leave. Best Fitness is not responsible for refunding any money paid by Ms. [redacted] to the collections agency. We explained what she needed to provide in order to fix her account and nothing could be provided. Ms. [redacted] will have all sessions paid for available to her if she would like to use them in the future, as long as her membership stays active. Thank you,  Kady