Davis Swim & Fitness

Review: After purchasing a living social deal, a contract without signed or INFORMED consent was submitted for a month to month contract.

I initially purchased a living social deal for the month of September (14th). I brought in the voucher and talked to the club manager, [redacted]. She informed me that the voucher presented was valid for one month and that if I wanted to continue on a month to month basis to let her know so that she could have a card on file and sign a new contract. After the first of October, I started receiving phone calls and statements saying that I owe 90.00 for memberships fees. I called the financing department and told them I had a living social voucher which expired in October and I hadn't been to the club since the end of September. The representative informed me that she would contact the club manager to review my one month contract and let me know what to do. I still haven't received a call back and instead am getting automated calls saying that I owe them and to call back. This shouldn't be an issue as I had only signed a one month membership for my living social deal. I think [redacted] may have rolled over my contract when I did not say I wanted to pursue anything more than one month. I did NOT SIGN anything for more than one month membership.Desired Settlement: I am asking that this facility stop contacting me and billing me for funds that I do not owe. I simply wanted to try out this club (which is why I bought the voucher for one month) to see if I liked it but I decided not to pursue anything further. I do not owe them anything and cannot get through to anyone everytime I call their financing department. Someone always has something different to say about the contract.

Business

Response:

Initial Business Response

This member signed an agreement to pay 37.00 per month, rolling over on Oct. 1, 2013.

(Contract attached)

Any questions, please call [redacted]

XXX-XXX-XXXX

Final Consumer Response

(The consumer indicated he/she DID NOT accept the response from the business.)

This was not an agreement as there was no mutual consent that my contract would "roll over." This was a specific trial month period that was understood if I wanted to continue with the membership to inform the representative so that a method of payment could be made on file. On the initial one month contract, the representative stated to ignore any dollar amount listed in the corner box. She said that there are no fees due until I want to pursue anything further. I do not owe this facility any membership fees as this was a living social deal.

Business

Response:

This member signed an agreement to pay 37.00 per month, rolling over on Oct. 1, 2013.

(Contract attached)

Any questions, please call [redacted]

###-###-####

Consumer

Response:

(The consumer indicated he/she DID NOT accept the response from the business.)

This was not an agreement as there was no mutual consent that my contract would "roll over." This was a specific trial month period that was understood if I wanted to continue with the membership to inform the representative so that a method of payment could be made on file. On the initial one month contract, the representative stated to ignore any dollar amount listed in the corner box. She said that there are no fees due until I want to pursue anything further. I do not owe this facility any membership fees as this was a living social deal.

Business

Response:

Please review these signed documents from this member, it shows clearly she signed an agreement as well as initialed that her account would roll over to a month to month membership.

She never sent a cancellation.

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID [redacted]8, and find that this resolution is satisfactory to me.

This complain has been settled between Davis Swim and Fitness and myself. I am choosing to not move forward with any action or additional response and have resolved all issues.

Sincerely,

Review: I paid in advance for a 6 months-family membership at Davis Swim and Fitness facility, on 5/30/14. I only used the facilities no more than 5 hrs. Unfortunately, we had unpleasant experiences, including untruthful communication, unprofessional management and un-respectful treatment. Looked for a resolution with staff and owner, without satisfactory response. Therefore, canceled agreement, returned ID cards and asked for reimbursement on 6/16/14. Received a letter about not reimbursement, as well as not canceled my membership until November 30, 2014. As I mentioned, I returned our family ID cards -with a termination agreement letter-, we are not using the facility and don't plan to come back. Thank you for your help.Desired Settlement: Staff and owner did not manage the situation in a satisfactory manner therefore, at this point, I just want a reimbursement of the 6 months-membership paid in advance = $638. Thank you.

Business

Response:

We have tried to work with the customer by offering an additional month of free membership along with one free session of personal training for the inconvenience. We also apologized to her. She refused all of this and stated that it was not good enough so she canceled her membership. She has refused all our attempts to accommodate her. Unfortunately the contract she signed does not allow our business to issue a refund.

Consumer

Response:

I am rejecting this response because:

It is completely unfair and biased, I paid more than 600 dlls for a terrible experience at Davis Swim and Fitness.

The way the owner handled the situation profesionally, when she supposed to - more than month ago-