This letter is in response to the complaint ID [redacted] Firstly, as a matter of our business practices, policies and by contract, we: · Do NOT ever discuss accounts or accept membership cancellations over the telephone · Do NOT allow a member to cancel their agreement without being in financial good standing with the company – Any and all fees, dues etc., are accelerated and become payable upon cancellation – NO EXCEPTIONS! · Membership obligations are thoroughly explained to each and every member upon signing upo Any unpaid Annual RGF Fees for the present calendar year are paid on the date due of either March 17th or September 17th, depending upon the sidate, or immediately upon cancellation of the membershipo Cancellation can be done at any time in person or sent to our address via certified mail with complete paymento A day notice of cancellation is required· Each new member is then verbally informed: “Membership at a gym is like a cable TV subscription in that it is on-going, regardless of useEven if you didn’t turn your TV on last month, you still received a bill.” These items are all part of the signed agreement and a new member’s attention is further drawn to these issues by requiring the member’s initials beside the “Fee” related points listed here As your letter suggested, and prior to that suggestion, we attempted to resolve this issue directly with the complainantOn November 24, [redacted] and [redacted] became members of our facility under our “corporate membership” through their employer, [redacted] ***We have a master agreement with [redacted] whereby their employees receive a discounted VIP membership at $per month vsthe $monthly fee for a VIP membership to the publicAll other fees in association with “corporate” accounts are applicable and payable in accordance with the agreement each individual member signs upon obtaining a new membership [redacted] alleges that our company did not treat her and/or [redacted] fairly in our dealings in that the membership [redacted] received was being charged as a corporate membership ($per month) instead of an “Add-On” membership ($per month)She was under the impression that she would be paying $per month as an “Add-On” member to a VIP account, however, our corporate accounts have no such “Add-On” membership availableEach is an independent corporate account is charged $plus applicable sales tax monthlyI believe that there may have been some confusion on her part as to the amount that [redacted] was to pay as a monthly fee, we nevertheless gave her the benefit of the doubt and I directed our account manager to offer a rebate of $– the equivalent difference for two month’s dues - to [redacted] credit card immediatelyThat credit was issued on February 2, Then, the membership type for [redacted] ’s account would thereafter be corrected to reflect $per month - just as if she had a VIP “Add-On” membership instead of a corporate membership During that visit on Feb 2, 2015, [redacted] played from her cellular phone, a previously recorded telephone conversation between her and another of my employees, [redacted] She admitted to me that she had started recording only after she became irritated with [redacted] and wanted me to hear itI listened and at that time, discerned that I too might have taken his words as curt or sharp; however, in discussing the contents of the entire conversation with ***, she revealed that prior to her starting the recording device there are several attempts by [redacted] to inform her that he could not discuss her account over the phone and that she and [redacted] would need to come into the facility and discuss it with the account manager in personI later confirmed this with my employeeI asked her for a copy of the recording and she sent a copy of the file to my cellular phoneI asked [redacted] to seriously consider accepting an apology from [redacted] and continuing their membershipsShe said that she would discuss it with [redacted] and get back with us in a few daysI handed her my business card and told her to reach me on my cellular phone any time, but that any cancellation would require the annual fee (RGF) to be paid in full in accordance with the agreements they signedI explained to her that I am here Monday through Friday but I can be reached on my cell any timeThe following Sunday afternoon, February 8, 2015, while neither I nor any other manager was at the facility, [redacted] came to the facility attempting to cancel their memberships without paying the Annual fee and she explained to the front desk employee that I had told her she could cancel their agreements immediately and that I would allow her to defer the final payment of $until March 17th, when it would be due for “active” membersThis is against our policy as ‘cancelling members’ would simply cancel their credit card after they have received a signed cancellation, and the company would not be able to retrieve the outstanding amount dueNo cancellation was completed at that time [redacted] called my cell phone on Thursday Feb 5, at 9:58am and said that she and [redacted] were going to cancel their memberships after allI told her that was not a problem, I would set the cancellation month for January, making the February payment apply toward the day notice period, and she and [redacted] would only be required to pay the Annual Fee of $plus applicable sales tax for each cancellationFor their convenience, I verified her correct email address and emailed her the pre-printed formsShe said she would come by on Thursday Feb, 12, to pay the amount due and complete the cancellationShe did not come in yesterday, therefore I am replying to your letter in the presumption that she has either changed her mind about how she wishes to resolve the issue, or she has decided not to terminate her membership but has failed to notify meTo date I have not made her aware that I am in receipt of your letter in hopes that the proactive and forward action I have already taken to satisfy her and resolve the issue would sufficeI tender this rebuttal in wholehearted in hopes that the Revdex.com will recognize the attempts we have been made to resolve the issue to the best of our knowledge and abilitiesAttached is a screenshot of “NOTES” on [redacted] account indicating that we have continued to attempt to salvage her and [redacted] ’s membership, and have accommodated them to the best of our business abilityThe member has been told, and please understand that the memberships are ongoing until such time a written cancellation occurs and the all member fees are paid in fullIf they wish to cancel their membership, and wish to avoid additional monthly charges, the member needs to complete this cancellation by February 23, 2015, before the automatic ACH batch is collected by the billing company for payment on the 1st of the monthThis is an automatic process done by [redacted] , not by our hand If you have any questions, need any clarification, or further evidence, please feel free to call me at any timeSincerely, [redacted] Managing Partner Lean [redacted] s [redacted] cell [redacted] gym ______________________________________________________________________ SCREENSHOT
It's an ok gym not very clean, exercise equipment is old and the employees are ok but when you have questions they are no where to be foundWhen you try to cancel your membership they want you to pay an extra month even if you don't go and not to mention the annual fee of $I think that's a bit much for a building that needs to be updatedThey tell you all you need to do is come in days before to cancel and never mention you have to pay the $feeBEWARE don't waste your time there go somewhere else
Mr. [redacted] came in
to Lean Fitness Centers on June 27, 2014 to cancel his membership. He said he
was moving out of town. [redacted], our Accounts Manager began the process of
cancelling...
his membership but at the time, our gym software, which is internet
based, ([redacted]) was not working due to a lost connection. However; to help
expedite the cancellation, the paperwork was filled out in order to cancel his
agreement whenever the software was available.
As per all of our agreements,
any outstanding balances that a member is responsible for the payment thereof will
be paid upon the cancellation of the party’s agreement. Our agreements are
month to month / perpetual agreements that can be cancelled at any time during
a membership with a 30 day notice. Upon filling out the required paperwork, Mr.
[redacted] paid cash for the next month (the final month), the month of July,
which served as his 30 day notice and one more month’s use of the facility.
[redacted] informed him
that she would be unable to complete the cancellation process until the
internet connection was restored. At that time she also informed him that
because she could not verify the final amount due, which includes any outstand
unpaid annual Rate Guarantee Fee (RGF) of $29.00 per member per year, she would
let him know of any difference in the amount due vs. the amount he paid. Later
the same afternoon, the internet connection was restored and she checked Mr.
[redacted] account. His annual fee was paid; however, Mr. [redacted] had an additional
member (add-on member) listed on his account whose payment he was also
responsible for but failed to bring to [redacted]’s attention. [redacted] assumed that
this was a simple oversight on Mr. [redacted]’s part and attempted to notify him
by telephone.
As a primary member, Mr.
[redacted] signed the add-on agreement to pay for any and all charges incurred by the
add-on member associated with his account. Upon discovery of this information,
[redacted] immediately called and left a detailed message for Mr. [redacted] to please
return her call because she could not complete his cancellation request until
the final outstanding charges for the add-on were also satisfied. Mr. [redacted]
never returned the call.
When Mr. [redacted]
called on August 15, 2014 (almost a month later) [redacted] did tell him she
remembered his account and informed him that she had called the same afternoon
that he came in and left a detailed message asking if he could call back at his
earliest convenience. He neglected to do so. This left his account open, and
since the cancellation had not been completed, the billing continued to accrue
for the next month’s billing cycle in the amount of $21.60. This is an
automated process for all “Active” accounts. It was only after he discovered
that his bank account had been drafted for an additional $21.60 that Mr.
[redacted] finally did call back. He proceeded to tell her that she should have
kept calling him. As the accounts Manager with over 5,500 members, [redacted] has
her hands full every minute of her working day. Multiple calls to the same
party for the same reason is just not practical or feasible. Before she could
discuss the account and let him know that she would be more than happy to
return the $21.60 that was deducted and talk to him about his wife’s (add-on) account
he cut her off asking who he could speak to. She informed him that she was the Accounts
Manager and there was no one else available for him to speak to at that time;
but gave him the my name and the number to the gym. He then abruptly hung up
and she was not able to rectify the wife’s account. She also returned the
$21.60 to Mr. [redacted]’s [redacted] card during the course of the call but again, was
unable to inform him of it as he abruptly cut her off.
All of our new
members are informed upon signing up, that the billing is automatically
withdrawn from their credit card (funding source) if they have not paid in cash
at least 5 days prior to the due date for automated billing batch process
purposes. Discussing this openly is a standard procedure with every new member.
Further, it is written in their agreement and it is posted on the wall at each
sales desk. Had Mr. [redacted] retrieved his message from [redacted], he would have
realized that the account would remain “Active” until he rectified the add-on
member’s account as well. Had Mr. [redacted] given [redacted] a chance to explain this
when he finally called back, he would have understood why the cancellation
process was interrupted. Had Mr. [redacted] listened to her, he also would have
realized that she had already refunded the $21.60 he was charged though the
automated process. We do not keep member’s money when it is not owed. Had Mr.
[redacted] called me, I would have gladly explained what happened, and completed
the process with him at his convenience. At this point, Mr. [redacted] and his
wife’s add-on accounts are still in “Active” status until the cancellation
process can be completed for both accounts. His wife still actively uses the facility and has paid to keep her account open. The only necessary process for her is to change over to her own agreement. There is no charge for this process. It is a mere formality. As a convenience to Mr. [redacted],we have placed a freeze on his account and he will accrue no charges on his account until this can be resolved.
I can be reached on my cellular
phone at ###-###-#### any time.
This letter is in response to the complaint ID [redacted]. Firstly, as a matter of our normal business...
practices, policies and by contract, we: · Do NOT ever discuss accounts or accept membership cancellations over the telephone · Do NOT allow a member to cancel their agreement without being in financial good standing with the company – Any and all fees, dues etc., are accelerated and become payable upon cancellation – NO EXCEPTIONS! · Membership obligations are thoroughly explained to each and every member upon signing up. o Any unpaid Annual RGF Fees for the present calendar year are paid on the date due of either March 17th or September 17th, depending upon the sign-up date, or immediately upon cancellation of the membership. o Cancellation can be done at any time in person or sent to our address via certified mail with complete payment. o A 30 day notice of cancellation is required. · Each new member is then verbally informed: “Membership at a gym is like a cable TV subscription in that it is on-going, regardless of use. Even if you didn’t turn your TV on last month, you still received a bill.” These items are all part of the signed agreement and a new member’s attention is further drawn to these issues by requiring the member’s initials beside the “Fee” related points listed here.
As your letter suggested, and prior to that suggestion, we attempted to resolve this issue directly with the complainant. On November 24, 2014 [redacted] and [redacted] became members of our facility under our “corporate membership” through their employer, [redacted]. We have a master agreement with [redacted] whereby their employees receive a discounted VIP membership at $15.99 per month vs. the $19.95 monthly fee for a VIP membership to the public. All other fees in association with “corporate” accounts are applicable and payable in accordance with the agreement each individual member signs upon obtaining a new membership. [redacted] alleges that our company did not treat her and/or [redacted] fairly in our dealings in that the membership [redacted] received was being charged as a corporate membership ($15.99 per month) instead of an “Add-On” membership ($9.95 per month). She was under the impression that she would be paying $9.95 per month as an “Add-On” member to a VIP account, however, our corporate accounts have no such “Add-On” membership available. Each is an independent corporate account is charged $15.99 plus applicable sales tax monthly. I believe that there may have been some confusion on her part as to the amount that [redacted] was to pay as a monthly fee, we nevertheless gave her the benefit of the doubt and I directed our account manager to offer a rebate of $13.08 – the equivalent difference for two month’s dues - to [redacted] credit card immediately. That credit was issued on February 2, 2015. Then, the membership type for [redacted]’s account would thereafter be corrected to reflect $9.95 per month - just as if she had a VIP “Add-On” membership instead of a corporate membership. During that visit on Feb 2, 2015, [redacted] played from her cellular phone, a previously recorded telephone conversation between her and another of my employees, [redacted]. She admitted to me that she had started recording only after she became irritated with [redacted] and wanted me to hear it. I listened and at that time, discerned that I too might have taken his words as curt or sharp; however, in discussing the contents of the entire conversation with [redacted], she revealed that prior to her starting the recording device there are several attempts by [redacted] to inform her that he could not discuss her account over the phone and that she and [redacted] would need to come into the facility and discuss it with the account manager in person. I later confirmed this with my employee. I asked her for a copy of the recording and she sent a copy of the file to my cellular phone. I asked [redacted] to seriously consider accepting an apology from [redacted] and continuing their memberships. She said that she would discuss it with [redacted] and get back with us in a few days. I handed her my business card and told her to reach me on my cellular phone any time, but that any cancellation would require the annual fee (RGF) to be paid in full in accordance with the agreements they signed. I explained to her that I am here Monday through Friday but I can be reached on my cell any time. The following Sunday afternoon, February 8, 2015, while neither I nor any other manager was at the facility, [redacted] came to the facility attempting to cancel their memberships without paying the Annual fee and she explained to the front desk employee that I had told her she could cancel their agreements immediately and that I would allow her to defer the final payment of $62.78 until March 17th, when it would be due for “active” members. This is against our policy as ‘cancelling members’ would simply cancel their credit card after they have received a signed cancellation, and the company would not be able to retrieve the outstanding amount due. No cancellation was completed at that time. [redacted] called my cell phone on Thursday Feb 5, 2015 at 9:58am and said that she and [redacted] were going to cancel their memberships after all. I told her that was not a problem, I would set the cancellation month for January, making the February payment apply toward the 30 day notice period, and she and [redacted] would only be required to pay the Annual Fee of $29.00 plus applicable sales tax for each cancellation. For their convenience, I verified her correct email address and emailed her the pre-printed forms. She said she would come by on Thursday Feb, 12, 2015 to pay the amount due and complete the cancellation. She did not come in yesterday, therefore I am replying to your letter in the presumption that she has either changed her mind about how she wishes to resolve the issue, or she has decided not to terminate her membership but has failed to notify me. To date I have not made her aware that I am in receipt of your letter in hopes that the proactive and forward action I have already taken to satisfy her and resolve the issue would suffice. I tender this rebuttal in wholehearted in hopes that the Revdex.com will recognize the attempts we have been made to resolve the issue to the best of our knowledge and abilities. Attached is a screenshot of “NOTES” on [redacted] account indicating that we have continued to attempt to salvage her and [redacted]’s membership, and have accommodated them to the best of our business ability. The member has been told, and please understand that the memberships are ongoing until such time a written cancellation occurs and the all member fees are paid in full. If they wish to cancel their membership, and wish to avoid additional monthly charges, the member needs to complete this cancellation by February 23, 2015, before the automatic ACH batch is collected by the billing company for payment on the 1st of the month. This is an automatic process done by [redacted], not by our hand. If you have any questions, need any clarification, or further evidence, please feel free to call me at any time. Sincerely, [redacted] Managing Partner Lean [redacted] cell [redacted] gym ______________________________________________________________________ SCREENSHOT
This letter is in response to the complaint ID [redacted] Firstly, as a matter of our business practices, policies and by contract, we: · Do NOT ever discuss accounts or accept membership cancellations over the telephone · Do NOT allow a member to cancel their agreement without being in financial good standing with the company – Any and all fees, dues etc., are accelerated and become payable upon cancellation – NO EXCEPTIONS! · Membership obligations are thoroughly explained to each and every member upon signing upo Any unpaid Annual RGF Fees for the present calendar year are paid on the date due of either March 17th or September 17th, depending upon the sidate, or immediately upon cancellation of the membershipo Cancellation can be done at any time in person or sent to our address via certified mail with complete paymento A day notice of cancellation is required· Each new member is then verbally informed: “Membership at a gym is like a cable TV subscription in that it is on-going, regardless of useEven if you didn’t turn your TV on last month, you still received a bill.” These items are all part of the signed agreement and a new member’s attention is further drawn to these issues by requiring the member’s initials beside the “Fee” related points listed here As your letter suggested, and prior to that suggestion, we attempted to resolve this issue directly with the complainantOn November 24, [redacted] and [redacted] became members of our facility under our “corporate membership” through their employer, [redacted] ***We have a master agreement with [redacted] whereby their employees receive a discounted VIP membership at $per month vsthe $monthly fee for a VIP membership to the publicAll other fees in association with “corporate” accounts are applicable and payable in accordance with the agreement each individual member signs upon obtaining a new membership [redacted] alleges that our company did not treat her and/or [redacted] fairly in our dealings in that the membership [redacted] received was being charged as a corporate membership ($per month) instead of an “Add-On” membership ($per month)She was under the impression that she would be paying $per month as an “Add-On” member to a VIP account, however, our corporate accounts have no such “Add-On” membership availableEach is an independent corporate account is charged $plus applicable sales tax monthlyI believe that there may have been some confusion on her part as to the amount that [redacted] was to pay as a monthly fee, we nevertheless gave her the benefit of the doubt and I directed our account manager to offer a rebate of $– the equivalent difference for two month’s dues - to [redacted] credit card immediatelyThat credit was issued on February 2, Then, the membership type for [redacted] ’s account would thereafter be corrected to reflect $per month - just as if she had a VIP “Add-On” membership instead of a corporate membership During that visit on Feb 2, 2015, [redacted] played from her cellular phone, a previously recorded telephone conversation between her and another of my employees, [redacted] She admitted to me that she had started recording only after she became irritated with [redacted] and wanted me to hear itI listened and at that time, discerned that I too might have taken his words as curt or sharp; however, in discussing the contents of the entire conversation with ***, she revealed that prior to her starting the recording device there are several attempts by [redacted] to inform her that he could not discuss her account over the phone and that she and [redacted] would need to come into the facility and discuss it with the account manager in personI later confirmed this with my employeeI asked her for a copy of the recording and she sent a copy of the file to my cellular phoneI asked [redacted] to seriously consider accepting an apology from [redacted] and continuing their membershipsShe said that she would discuss it with [redacted] and get back with us in a few daysI handed her my business card and told her to reach me on my cellular phone any time, but that any cancellation would require the annual fee (RGF) to be paid in full in accordance with the agreements they signedI explained to her that I am here Monday through Friday but I can be reached on my cell any timeThe following Sunday afternoon, February 8, 2015, while neither I nor any other manager was at the facility, [redacted] came to the facility attempting to cancel their memberships without paying the Annual fee and she explained to the front desk employee that I had told her she could cancel their agreements immediately and that I would allow her to defer the final payment of $until March 17th, when it would be due for “active” membersThis is against our policy as ‘cancelling members’ would simply cancel their credit card after they have received a signed cancellation, and the company would not be able to retrieve the outstanding amount dueNo cancellation was completed at that time [redacted] called my cell phone on Thursday Feb 5, at 9:58am and said that she and [redacted] were going to cancel their memberships after allI told her that was not a problem, I would set the cancellation month for January, making the February payment apply toward the day notice period, and she and [redacted] would only be required to pay the Annual Fee of $plus applicable sales tax for each cancellationFor their convenience, I verified her correct email address and emailed her the pre-printed formsShe said she would come by on Thursday Feb, 12, to pay the amount due and complete the cancellationShe did not come in yesterday, therefore I am replying to your letter in the presumption that she has either changed her mind about how she wishes to resolve the issue, or she has decided not to terminate her membership but has failed to notify meTo date I have not made her aware that I am in receipt of your letter in hopes that the proactive and forward action I have already taken to satisfy her and resolve the issue would sufficeI tender this rebuttal in wholehearted in hopes that the Revdex.com will recognize the attempts we have been made to resolve the issue to the best of our knowledge and abilitiesAttached is a screenshot of “NOTES” on [redacted] account indicating that we have continued to attempt to salvage her and [redacted] ’s membership, and have accommodated them to the best of our business abilityThe member has been told, and please understand that the memberships are ongoing until such time a written cancellation occurs and the all member fees are paid in fullIf they wish to cancel their membership, and wish to avoid additional monthly charges, the member needs to complete this cancellation by February 23, 2015, before the automatic ACH batch is collected by the billing company for payment on the 1st of the monthThis is an automatic process done by [redacted] , not by our hand If you have any questions, need any clarification, or further evidence, please feel free to call me at any timeSincerely, [redacted] Managing Partner Lean [redacted] s [redacted] cell [redacted] gym ______________________________________________________________________ SCREENSHOT
It's an ok gym not very clean, exercise equipment is old and the employees are ok but when you have questions they are no where to be foundWhen you try to cancel your membership they want you to pay an extra month even if you don't go and not to mention the annual fee of $I think that's a bit much for a building that needs to be updatedThey tell you all you need to do is come in days before to cancel and never mention you have to pay the $feeBEWARE don't waste your time there go somewhere else
Mr. [redacted] came in
to Lean Fitness Centers on June 27, 2014 to cancel his membership. He said he
was moving out of town. [redacted], our Accounts Manager began the process of
cancelling...
his membership but at the time, our gym software, which is internet
based, ([redacted]) was not working due to a lost connection. However; to help
expedite the cancellation, the paperwork was filled out in order to cancel his
agreement whenever the software was available.
As per all of our agreements,
any outstanding balances that a member is responsible for the payment thereof will
be paid upon the cancellation of the party’s agreement. Our agreements are
month to month / perpetual agreements that can be cancelled at any time during
a membership with a 30 day notice. Upon filling out the required paperwork, Mr.
[redacted] paid cash for the next month (the final month), the month of July,
which served as his 30 day notice and one more month’s use of the facility.
[redacted] informed him
that she would be unable to complete the cancellation process until the
internet connection was restored. At that time she also informed him that
because she could not verify the final amount due, which includes any outstand
unpaid annual Rate Guarantee Fee (RGF) of $29.00 per member per year, she would
let him know of any difference in the amount due vs. the amount he paid. Later
the same afternoon, the internet connection was restored and she checked Mr.
[redacted] account. His annual fee was paid; however, Mr. [redacted] had an additional
member (add-on member) listed on his account whose payment he was also
responsible for but failed to bring to [redacted]’s attention. [redacted] assumed that
this was a simple oversight on Mr. [redacted]’s part and attempted to notify him
by telephone.
As a primary member, Mr.
[redacted] signed the add-on agreement to pay for any and all charges incurred by the
add-on member associated with his account. Upon discovery of this information,
[redacted] immediately called and left a detailed message for Mr. [redacted] to please
return her call because she could not complete his cancellation request until
the final outstanding charges for the add-on were also satisfied. Mr. [redacted]
never returned the call.
When Mr. [redacted]
called on August 15, 2014 (almost a month later) [redacted] did tell him she
remembered his account and informed him that she had called the same afternoon
that he came in and left a detailed message asking if he could call back at his
earliest convenience. He neglected to do so. This left his account open, and
since the cancellation had not been completed, the billing continued to accrue
for the next month’s billing cycle in the amount of $21.60. This is an
automated process for all “Active” accounts. It was only after he discovered
that his bank account had been drafted for an additional $21.60 that Mr.
[redacted] finally did call back. He proceeded to tell her that she should have
kept calling him. As the accounts Manager with over 5,500 members, [redacted] has
her hands full every minute of her working day. Multiple calls to the same
party for the same reason is just not practical or feasible. Before she could
discuss the account and let him know that she would be more than happy to
return the $21.60 that was deducted and talk to him about his wife’s (add-on) account
he cut her off asking who he could speak to. She informed him that she was the Accounts
Manager and there was no one else available for him to speak to at that time;
but gave him the my name and the number to the gym. He then abruptly hung up
and she was not able to rectify the wife’s account. She also returned the
$21.60 to Mr. [redacted]’s [redacted] card during the course of the call but again, was
unable to inform him of it as he abruptly cut her off.
All of our new
members are informed upon signing up, that the billing is automatically
withdrawn from their credit card (funding source) if they have not paid in cash
at least 5 days prior to the due date for automated billing batch process
purposes. Discussing this openly is a standard procedure with every new member.
Further, it is written in their agreement and it is posted on the wall at each
sales desk. Had Mr. [redacted] retrieved his message from [redacted], he would have
realized that the account would remain “Active” until he rectified the add-on
member’s account as well. Had Mr. [redacted] given [redacted] a chance to explain this
when he finally called back, he would have understood why the cancellation
process was interrupted. Had Mr. [redacted] listened to her, he also would have
realized that she had already refunded the $21.60 he was charged though the
automated process. We do not keep member’s money when it is not owed. Had Mr.
[redacted] called me, I would have gladly explained what happened, and completed
the process with him at his convenience. At this point, Mr. [redacted] and his
wife’s add-on accounts are still in “Active” status until the cancellation
process can be completed for both accounts. His wife still actively uses the facility and has paid to keep her account open. The only necessary process for her is to change over to her own agreement. There is no charge for this process. It is a mere formality. As a convenience to Mr. [redacted],we have placed a freeze on his account and he will accrue no charges on his account until this can be resolved.
I can be reached on my cellular
phone at ###-###-#### any time.
Sincerely,
[redacted]Managing Partner / General
Manager
Lean Fitness Centers
###-###-#### gym
###-###-#### cell[redacted]
This letter is in response to the complaint ID [redacted]. Firstly, as a matter of our normal business...
practices, policies and by contract, we: · Do NOT ever discuss accounts or accept membership cancellations over the telephone · Do NOT allow a member to cancel their agreement without being in financial good standing with the company – Any and all fees, dues etc., are accelerated and become payable upon cancellation – NO EXCEPTIONS! · Membership obligations are thoroughly explained to each and every member upon signing up. o Any unpaid Annual RGF Fees for the present calendar year are paid on the date due of either March 17th or September 17th, depending upon the sign-up date, or immediately upon cancellation of the membership. o Cancellation can be done at any time in person or sent to our address via certified mail with complete payment. o A 30 day notice of cancellation is required. · Each new member is then verbally informed: “Membership at a gym is like a cable TV subscription in that it is on-going, regardless of use. Even if you didn’t turn your TV on last month, you still received a bill.” These items are all part of the signed agreement and a new member’s attention is further drawn to these issues by requiring the member’s initials beside the “Fee” related points listed here.
As your letter suggested, and prior to that suggestion, we attempted to resolve this issue directly with the complainant. On November 24, 2014 [redacted] and [redacted] became members of our facility under our “corporate membership” through their employer, [redacted]. We have a master agreement with [redacted] whereby their employees receive a discounted VIP membership at $15.99 per month vs. the $19.95 monthly fee for a VIP membership to the public. All other fees in association with “corporate” accounts are applicable and payable in accordance with the agreement each individual member signs upon obtaining a new membership. [redacted] alleges that our company did not treat her and/or [redacted] fairly in our dealings in that the membership [redacted] received was being charged as a corporate membership ($15.99 per month) instead of an “Add-On” membership ($9.95 per month). She was under the impression that she would be paying $9.95 per month as an “Add-On” member to a VIP account, however, our corporate accounts have no such “Add-On” membership available. Each is an independent corporate account is charged $15.99 plus applicable sales tax monthly. I believe that there may have been some confusion on her part as to the amount that [redacted] was to pay as a monthly fee, we nevertheless gave her the benefit of the doubt and I directed our account manager to offer a rebate of $13.08 – the equivalent difference for two month’s dues - to [redacted] credit card immediately. That credit was issued on February 2, 2015. Then, the membership type for [redacted]’s account would thereafter be corrected to reflect $9.95 per month - just as if she had a VIP “Add-On” membership instead of a corporate membership. During that visit on Feb 2, 2015, [redacted] played from her cellular phone, a previously recorded telephone conversation between her and another of my employees, [redacted]. She admitted to me that she had started recording only after she became irritated with [redacted] and wanted me to hear it. I listened and at that time, discerned that I too might have taken his words as curt or sharp; however, in discussing the contents of the entire conversation with [redacted], she revealed that prior to her starting the recording device there are several attempts by [redacted] to inform her that he could not discuss her account over the phone and that she and [redacted] would need to come into the facility and discuss it with the account manager in person. I later confirmed this with my employee. I asked her for a copy of the recording and she sent a copy of the file to my cellular phone. I asked [redacted] to seriously consider accepting an apology from [redacted] and continuing their memberships. She said that she would discuss it with [redacted] and get back with us in a few days. I handed her my business card and told her to reach me on my cellular phone any time, but that any cancellation would require the annual fee (RGF) to be paid in full in accordance with the agreements they signed. I explained to her that I am here Monday through Friday but I can be reached on my cell any time. The following Sunday afternoon, February 8, 2015, while neither I nor any other manager was at the facility, [redacted] came to the facility attempting to cancel their memberships without paying the Annual fee and she explained to the front desk employee that I had told her she could cancel their agreements immediately and that I would allow her to defer the final payment of $62.78 until March 17th, when it would be due for “active” members. This is against our policy as ‘cancelling members’ would simply cancel their credit card after they have received a signed cancellation, and the company would not be able to retrieve the outstanding amount due. No cancellation was completed at that time. [redacted] called my cell phone on Thursday Feb 5, 2015 at 9:58am and said that she and [redacted] were going to cancel their memberships after all. I told her that was not a problem, I would set the cancellation month for January, making the February payment apply toward the 30 day notice period, and she and [redacted] would only be required to pay the Annual Fee of $29.00 plus applicable sales tax for each cancellation. For their convenience, I verified her correct email address and emailed her the pre-printed forms. She said she would come by on Thursday Feb, 12, 2015 to pay the amount due and complete the cancellation. She did not come in yesterday, therefore I am replying to your letter in the presumption that she has either changed her mind about how she wishes to resolve the issue, or she has decided not to terminate her membership but has failed to notify me. To date I have not made her aware that I am in receipt of your letter in hopes that the proactive and forward action I have already taken to satisfy her and resolve the issue would suffice. I tender this rebuttal in wholehearted in hopes that the Revdex.com will recognize the attempts we have been made to resolve the issue to the best of our knowledge and abilities. Attached is a screenshot of “NOTES” on [redacted] account indicating that we have continued to attempt to salvage her and [redacted]’s membership, and have accommodated them to the best of our business ability. The member has been told, and please understand that the memberships are ongoing until such time a written cancellation occurs and the all member fees are paid in full. If they wish to cancel their membership, and wish to avoid additional monthly charges, the member needs to complete this cancellation by February 23, 2015, before the automatic ACH batch is collected by the billing company for payment on the 1st of the month. This is an automatic process done by [redacted], not by our hand. If you have any questions, need any clarification, or further evidence, please feel free to call me at any time. Sincerely, [redacted] Managing Partner Lean [redacted] cell [redacted] gym ______________________________________________________________________ SCREENSHOT