Element Athletix

Complaint: [redacted]I am rejecting this response because: Scott is blatantly lying in his response. I this is a case of a gym owner making up rules as he goes. Absolutely unbelievable. I did show up to pay $100 to cancel as Scott had stated in his response. He told me that unless I was moving 25 miles out of the area, I had to pay 75% of the rest of the years dues in order to cancel, which is nowhere to be found on the agreement and would happily provide proof. This is a classic case of a unethical person making up the rules and hoping to play off the perceived ignorance of his clients. I am happy to pay the $100, that's why I showed up 2x in the same day when Scott was not a single the first time. But when the rules change out of nowhere and it becomes 75% of the remaining months of the contract in order to cancel, that is called greed and is ridiculous. This will be going to the State Attorney Generals office if Scott continues to lie about what he told me.Sincerely,[redacted]

Thank you for giving me the opportunity to reply. I will answer each complaint as [redacted] has listed them. 1) [redacted] was never told that there was a $100 cancellation fee. However, the contract states that if the member moves further then 25 miles from the facility then there is an appropriate...

cancellation fee of $100. 2) I, Scott A[redacted] did not say anything of the sort a $100 cancellation fee. 3) I do not know what unprofessional manner I responded to [redacted]. I have every text conversations between us that can be used to prove this nonsense.  I also did not talk with [redacted] on the phone ever or changed any hours of operation. 4) The only time we have teams training is in the evenings from 6pm till 8pm and there is always open gym space to workout even when the teams are training.  Our class schedule has stayed the same from when [redacted] became a member until he stopped coming in January . 5) Yes [redacted] was informed of having to cancel in person at which time he did come in. He talked with Brandie about cancelling and at this time told her he was moving to California. Brandie is one of our trainers not a sales associate and told [redacted] I would be in later and would take care of it. When [redacted] returned he told me the same story about moving out of state with his sister. At this point I stated there was a $100 cancellation fee and that I would freeze his account until he provided me with something in writing proving he actually did move. At this time [redacted] said he would wait to pay the $100 cancellation fee. A few hours later [redacted] texted me and said: "To be real with Scott, I want to cancel because when I try and workout there is either a class and it limits what I plan to do. For paying $60 a month I don't appreciate that. So you will have to send me to collections or whatever because I want out". This I have in a text message saved to my cell phone. 
This is a basic case of an individual knowingly signing into a contract and for whatever reason changing their mind and wanting out of the said contract. The problem I have is that he knowingly read and signed the contract and now is lying about multiple things and doesn't want to pay up. [redacted] talks about unethical practices and integrity as if he is showing the proper behavior. I disagree with him and his actions and wish him the best but with his dishonesty and story telling it makes it hard to be compassionate about his complaint.
Thank you,
 
Scott A[redacted]
Element Athletix

I never said anything about 75% but would settle for the $100 cancellation fee for someone who actually did move and for [redacted] to pay his monthly dues to become current on his signed contract.. He signed the contact and knows what this is and is trying to get out of a contract he knowingly signed and agreed to. If this is not satisfactory to [redacted] I will have our attorneys take care of this from this point on. I have wasted enough of my time and yours dealing with this and will not agree to anything less. Thanks for your time and have a wonderful week.