Club Fitness

Complaint: [redacted]
I am rejecting this response because: I have witnesses and I will be reporting you to the attorney general as well.
Sincerely,
[redacted]

11/28/2017 07:12 PM [redacted] called in to complain that he was not informed of the 30-day notice required to cancel when he originally 'called in the other day' to ask about how to cancel. I apologized if he was misinformed when he called in and asked if he knew who he spoke with, but reminded him...

that regardless, the 30-day notice was a term of his original agreement that he signed off on when he signed up and that it applies to any membership when canceling. He was dissatisfied with my response and wanted to know 'why he was lied to' when he called originally. I explained that I can't speak to what someone else told him over the phone, especially since he doesn't remember who he even spoke to, and apologized again if he was not informed of the 30-day notice over the phone. I reiterated that regardless of whether he was made aware of it over the phone or not, it would still apply as per his original agreement. At this point he started getting hostile and cursing every other word, telling me how 'this is [redacted]'... 11/28/2017 07:15 PM And 'you [redacted] can't even train your employees to give out the correct information. I called six hours ago and asked for a manager and was told that they were on another line. So [redacted] what? I haven't received a call back since.' I apologized for the delay in responding but notified him that we have been pretty busy all day and that I was not personally aware of his original call. I also let him know that if he continued to cuss at me and be verbally abusive, I would terminate the call. He immediately launched into another curse-filled rant about how 'if he has to, he will just cancel the account on file and we will never recover the money then.' I advised not to do that to avoid being STC and explained that I was ending the call. He continued to curse me out and I hung up.

On 8/28/2012, [redacted] purchased a membership from Club Fitness.  She agreed to give a written 30-day notice of cancellation.  Club Fitness does not bill per usage.  See enclosed copy of Membership Agreement.On 4/10/2017 we received the required 'written' cancel request, it was...

postmarked on 4/4/2017.  She wrote on one of her FEBRUARY declined payment notices, we used this as her cancel request.  She stated to bill ONLY the amount owed on 'this particular' statement (from 2/24/17) in the amount of $56.93, which we did.  *This still left her with a balance owed, because this was an old statement. We processed her cancellation and we sent her a confirmation letter explaining everything.  See enclosed copy.We advised [redacted] that she still had an outstanding balance owed which needed to be paid to complete the cancellation.  Statements continue to be mailed for the outstanding balance owed.  The ending balance on [redacted]'s account is $105.09.  This includes her final billing and all late fees.A Final Notice has recently been mailed.  If payment is not received, this account will be sent to an outside collection company.If you have any questions regarding this matter, please contact us at [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.
Sincerely,
[redacted]

Mr. [redacted] contacted us on 12/12/16 after he had been contacted by the collections company.  We reviewed his file and it was determined that [redacted] purchased this membership for [redacted] on 12/8/2015.  She signed and initialed everything on the Membership Agreement which makes...

her the responsible party.[redacted] purchased her own membership on 11/25/16.We have contacted [redacted] and had this account switched from [redacted]'s name to [redacted] name.If you have any questions regarding this, please contact Customer Service at [redacted].

[redacted] purchased a membership on 12/6/2014. Please see the enclosed copy of her membership agreement. [redacted] signed and initialed in all pertinent areas of the agreement, indicating that she fully understood and agreed to the terms of the membership agreement.
We received the required...

30-day written notice of cancellation, postmarked on July 10, 2015.
[redacted]'s last billing date will be August 9, 2015 in the amount of $59.00 for her early cancellation fee, as she has not yet fulfilled her 12 monthly payments. **This is per the terms of her membership agreement.
Normally when a member signs up, a copy of the membership agreement is sent to the members email address. [redacted] did not provide an email address when she signed up so she should have received a printed copy. *If she did not receive a printed copy of her membership agreement or if she lost her copy of her agreement, she could have at any time asked someone at the front desk of the facility to print a copy or she could have called Customer Service and requested a copy be mailed to her.
If you have any questions regarding this, please contact me at XXX-XXX-XXXX

Initial Business Response /* (1000, 8, 2016/02/26) */
[redacted] purchased a membership from Club Fitness on 10/29/2015. She is now complaining about an advertisement that she saw in February 2016.
Club Fitness has multiple advertisements at any given time, we are uncertain of which one she is...

referring to however the membership that [redacted] purchased in October, is a special "Corporate Membership" that she was allowed to purchase as a courtesy.
[redacted]'s current membership has nothing to do with any advertisement that she may see publicly. [redacted]'s membership is Open End (no contract), it is a Full Club Membership. She has access to all clubs and all amenities. Her monthly rate is $14.95 plus tax per month.
[redacted]'s desire resolution: Advertising should be clear: We make our ads as clear as we can.
I should be able to speak to someone at corporate: She has spoken to our Corporate Office as well as our District Manager.
I would like to receive the $10 no contract offer: We have processed the cancellation of her current membership; she will have to rejoin (sign new paperwork)in order to have the $10 Single club membership.
*Please note that with the cancellation of [redacted]'s $14.95 full corp membership, we have also terminated the Add on membership of [redacted], which he is no longer eligible for the Add on rate. Mr. [redacted] may also rejoin for the $10 Single club membership.
Our contact number is XXX-XXX-XXXX
[redacted]
Club Fitness Billing/Customer Service Department

Initial Business Response /* (1000, 9, 2015/07/08) */
[redacted] originally joined Club Fitness on 1/22/2008. She had purchased an All Club membership at $19.95 (plus tax) per month. This membership type allowed for access at all times and all amenities.
On 1/15/2013 [redacted] DOWN GRADED...

her membership type to Single Club at $10.00 (plus tax) per month. This membership type allows for only limited access and no amenities. The agreement specifically states that you are giving up your 24 hour access.
Please see copies of both agreements.
A few months ago, our Rock Hill location changed to a 24 hour facility. This is the facility that [redacted] has been utilizing. The 24 hour door now requires a 24 hour membership card in order to gain access to the facility prior to 8am and after 8pm Monday-Thursday and prior to 8am and after 6pm Friday, Saturday and Sunday.
We have NOT changed the perimeters of [redacted]'s agreement. [redacted] was not supposed to be utilizing the facility prior to 8am since she downgraded her membership on January 15, 2013.
[redacted] has already submitted a cancellation request which we have processed.
If [redacted] wishes to continue utilizing her membership, she must submit a written request to reverse her cancellation.
If [redacted] wishes to utilize the facility prior to 8am, she will need to reverse her cancellation AND do an UPGRADE to the Full Club membership once again.
*We would like to mention that [redacted]'s emails to our District Manager WERE answered, we have enclosed a copy of the last one responded to. *Though we did NOT change the hours of her membership our membership agreements reserve the right to "Alter hours of operations".
If you have any questions regarding this, please contact us at XXX-XXX-XXXX.

Initial Business Response /* (1000, 6, 2015/12/03) */
Mr. [redacted] originally purchased a membership from Club Fitness on 4/28/2012.
On 5/28/2013 Mr. [redacted] went into a facility and upgraded his membership from a Single Club Limited Access Membership to a Full Club Membership.
Please see copy...

of Agreement dated 5/23/2013.
All memberships require a written 30-day notice of cancellation to be mailed to our corporate office address. We have NEVER accepted cancel requests at our clubs and we have NEVER had 'a yellow form to sign' to cancel a membership.
Club Fitness does bill according to usage, we bill according to the terms of the Membership Agreement.
Mr. [redacted]'s monthly payments began declining in May 2015; we began mailing out statements, advising of the past due balance and that billing information needed to be updated.
We mailed out statements for May, June, July, August, September and October 2015.
We never received payment on the account, there was no contact at all from Mr. [redacted], the account was eventually sent to an outside collections company.
*Mr. [redacted] admits in his complaint that "he ignored our letters" ... this is not our fault.
Mr. [redacted] must make payment to the collections company as we no longer hold his account.
**While researching this complaint, we have discovered that there is another membership for a Kristina [redacted] that SHOULD have also been sent to collections at the same time. As a courtesy, we have terminated [redacted] membership and waived the balance owed on her account.
If you have any questions regarding this, please contact me at XXX-XXX-XXXX.
In Good Health,
[redacted] - Manager
Club Fitness Billing/ Customer Service Department

[redacted] signed up for a 2 year agreement on 07/31/2012. The first paragraph which you initial clearly states that "this agreement will renew automatically on a month-to-month basis at the end of the initial term referred above, with monthly dues to be paid in the amount equal to the dues in effect at...

that date, or as specified above." It also states that we have the right to change the amount of dues and charges payable at anytime. [redacted] has been eligible to cancel his agreement with no penalty fee since 07/25/2014. As of March 1, 2016, Gold's Gym changed names to Club Fitness. [redacted] went past due 5 days before our name change on 2/25/2016. With the name change, not our price, value or equipment changed. We honored Gold's Gym pricing and contracts for those still under agreement. It is a members choice when they are out of agreement, whether they would like to re-sign or cancel. On our behalf here at Club Fitness, I have gone ahead and cancelled the past due amount that was on [redacted]'s account to try and solve this issue.

Please see enclosed copies of email correspondence with Mr. [redacted].  This case has been RESOLVED.

the corporate location in  [redacted], St Peters, MO 63376Phone: [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.
Sincerely,
[redacted]

Both members authorized the $39.00 Annual Fees to be billed on 5/26 of each year.*The first sentence of this complaint Mr. Garcia is complaining that we deducted money from his account on May 26th rather than May 3rd.They did not even contact us UNTIL June 5TH to request to change their billing date...

from the 26th to the 3rd of the month.This complaint is completely invalid. We billed nothing in error.They have already disputed the charges with their banking institutes and the payments have already been returned to them.These payments will remain owed on their accounts as well as additional 'Returned Payment Fee.'If you have any questions regarding this, please contact us at [redacted].

Initial Business Response /* (1000, 6, 2015/08/03) */
On 5/29/2015 [redacted] purchased Full Access Membership from Club Fitness. Full Access Memberships are a minimum of 12 monthly payments at $19.95 plus tax per month. This membership type gives the member access to all of our facilities, 24...

hour access and use of all amenities.
If a member wishes to cancel prior to fulfilling the 12 monthly payments, a $59.00 early cancel fee is required.
The only exceptions we make for the Early Cancel Fee is for death, permanent disability or military deployment.
[redacted] signed and initialed the membership agreement in all pertinent areas indicating that she understood and agreed to the terms of the membership agreement.
[redacted] mailed in her required 30-day notice, postmarked on July 7, 2015.
Her last billing date will be August 1, 2015 in the amount of $59.00 for her early cancel fee.
If you have any questions regarding this, please contact me at XXX-XXX-XXXX

Initial Business Response /* (1000, 6, 2015/10/08) */

The Billing company that we use is named [redacted]; the billing software that [redacted] uses does not recognize 're-loadable' debit cards.Members are required to have a checking or savings account, or a credit or debit card issued by a financial institution such as a bank or a credit...

union.Our 'Monthly Memberships' do require to have a valid form of EFT on file at the time of purchase.If Mr. [redacted] would like to pay cash for a membership, we do sell 'Paid In Full Memberships'; he would have to pay for everything upfront.If you have any questions regarding this matter, please contact me at [redacted]

Initial Business Response /* (1000, 6, 2015/08/28) */
We have used Mr. [redacted]'s complaint, filed on 8/18/2015 as his required 'written 30-day notice of intent to cancel'. As a courtesy, we have waived Mr. [redacted]'s September 15th billing date and we have waived 4 late fees as well.
The above action...

more than fulfills the Consumer's Desired Resolution.
Mr. [redacted]'s new balance owed is now $130.12.
Please see copy of email correspondence. At no time did we ever say that it was Mr. [redacted]'s fault that we did not receive his cancellation request...we only said it was not received.
*Mr. [redacted] states that he attempted to call us on 8/17/2015 and that he waited 45 minutes for someone to answer..., 8/17 was a Monday, Mondays are extremely high call volume days. Callers always have the option to leave a voice mail on our message system; our messages are retrieved and phone calls are returned by a Customer Service Representative within 24 hours.
*Mr. [redacted]'s last email question was responded to on 8/20/15.
Club Fitness mails out statements and sends emails regarding past due amounts. We did not receive any returned mail until August 3, 2015. See enclosed copy.
*The returned mail has a new address sticker from the post office which is still incorrect according to the address listed on this Revdex.com complaint.

Mr. [redacted] purchased his membership on 3/1/2015. He signed and initialed his Membership Agreement in all pertinent areas, indicating to us that he read and understood the terms of his Agreement. The first paragraph states that a 30 day...

notice of cancellation is required. Further down, it is stated again, in more detail, regarding the 30 day notice of cancellation requirement, including, “Your billing will continue for 30-days as well as your past due amounts owed.” Mr. [redacted]’s required written 30-day notice was postmarked on December 19, 2016. That marks the first day of his 30 day notice, making his final billing date January 1, 2017. We stated this information in his confirmation letter along with the amount of his past due balance owed. Club Fitness does not bill per usage, we bill per the terms of the Membership Agreement, which Mr. [redacted] signed and initialed. Our system will continue to attempt to charge an account on file, so when Mr. [redacted] stated that he did not want us attempting to charge his account any longer, we switched his billing method. When an account is no longer on EFT, our system automatically adds a $10.00 statement fee. We informed Mr. [redacted] of this in his confirmation letter. Our correspondence to Mr. [redacted] has not intended to “harass” Mr. [redacted], it was intended to “confirm” his cancellation was processed and to “inform: him of his final payment date and balance due. Club Fitness has the right to attempt to collect a debt that a member has agreed to pay. If payment is not made, the account will eventually be sent to an outside collections company. If you have any questions regarding this matter, please contact me at 636-928-0968. In Good Health, [redacted]

Please see copy of Membership Agreement which requires a written 30-day notice of cancellation. Also, please see the enclosed copies of the Freeze requests submitted by Mr. [redacted].  Freezes are a courtesy that Club Fitness extends to our members; they are NOT part of the Membership...

Agreement.Attached to each Freeze request you will find a copy of the Freeze Confirmation that we sent to Mr. [redacted], explaining the terms of the Freeze and any amount owed on his account.Mr. [redacted] never informed us of his new address until November 2016, at which time he was informed that he could mail a written request to cancel his membership.  (As originally stated in his Membership Agreement).We have not received the required written 30-day notice of cancellation for Mr. [redacted]'s membership; however, we have used the Revdex.com complaint as his request and we have processed his cancellation per the terms of his Membership Agreement. Neil [redacted]'s last billing date will be February 15, 2017.As of February 15, 2017, the balance owed on his account will be $46.31.If you have any questions regarding this matter, please contact me at [redacted].