Fit4U

I called in enough time to stop money from coming out of my account... But still you continue to take it. I'm on social security and just making ends meet. Please be fair and don't take advantage of me just because I am a Senior citizen...Its hard to trust any of these type of companies these days... My God...I have no use for these ty[pes of companies... signed very disappointed...

Review: I had, what I believed to be a one year contract. Apparently, it is "open ended" which I thought that it just went month to month, until cancelled. Around July 6th, I told them I would be cancelling after my one-year term (July 15, 2012). I got charged an additional $41.69 for July 15-Aug. 15th. They are telling me I had to give 30 days notice, which I certainly could have if I'd known about it. I thought I had fulfilled my one-year contract, and that was all I needed to do. In reading the fine print on the contract, it is not clear. I feel I deserve my 41.69 refunded, as this was very misleading on the part of the customer (myself).Desired Settlement: $41.69 refunded to me.

Business

Response:

Per customer's statement an Open Ended contract was signed on July 15, 2011 as clearly stated on contract. At the time the contract was signed "Open Ended" and the cancellation policies were explained to customer that at the end of 12 month period the contract will go month to month and we will require a 30 day notice to cancel. Cancellation notice was received by Fit4You on July 6, 2012 at that time customer was informed by phone call by Sales Manager of Fit4You that a 30 day notice was required again and contract would be cancelled as of August 6, 2012, with a final payment due on July 15, 2012. The customer stated in her statement that she would have given 30 days notice. If the 30 day notice was given on July 6, 2012 this would not have changed the outcome of final payment due on July 15, 2012 due to the 30 day notice policy.

Attached is a copy of the signed contract by the customer clearly stating that it is "Open Ended". The contract also states the cancellation if excepted will become effective on the first day of the next month following the late of the expiration of the 30 day notice of cancellation or 30 days after all appropriate documentation has been received by the club.

Based on the information provided this compaint is unwarranted and that the final payment of $41.69 should not be refunded.

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.

Nothing was really addressed that I had not mentioned before. I do not see it clearly stated about a 30 day notice to end the year contract. There are statements about 30 day notices, but I thought they referred to cancelling before the contract had ended. They say they explained it to me. I do not recall any explanation, and it is unclear in the contract. I was not even given a contract at the time of signing, and requested one a few months ago. At that time I had decided to not renew after I had fulfilled the 1 year commitment, and even after looking at the contract, did not get the impression that 30 day notice was applicable to my sitution (paying the full year contract). I understand what Fit4You is telling me, but they don't want to hear my side. I should get the refund of the month I was charged--since I had fulfilled the 1 year contract, and did not use the club at all during that extra month that I was billed, because I thought it was cancelled.

Regards,

Business

Response:

The contract that the client signed clearly states it is "Open Ended". There is nothing in the body of the contract that states the membership is an automatic month to month renewal after the One Year Term. Because it is open ended the contract never expires. After the one year term it goes to month to month and that is where the 30 days notice comes in for cancellation. During the one year term the cancellation policy is 50% of the balance as of the cancellation date plus $50.00 sevice fee. The 30 day notice does not apply to the one year term it applies after.

At the time the contract is signed the Open Ended terms are explained in detail before signature is received on the contract. All client's are asked if they want a copy of contract at time of signing either it was refused or a copy was provided later since client is claiming she has a copy. The client has every opportunity to read contract at the time of signing and apparently did not choose to read the contract. We also point out specific things in the contract the cancellation notice is always pointed out along with the open ended at the very beginning of contract. Client was told contract is on file if in the future client desired a copy. When I spoke to client on July 21, 2012 over the phone client was asked if needed a copy of contract, client stated she had a copy of contract and didn't need us to provide her with one. I have over 400+ members and have never had a misunderstanding on what Open Ended means it is expained to each and every client who signs a Open Ended Contract.

Client was informed again on July 6th that there was a 30 day notice for cancellation. Client was fully aware she could use the gym for that period of time and chose not to.

Thank you,

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.

No, I was not "fully aware, but chose not to" as [redacted] stated, how does she know what I'm "fully aware of"???.......this is a "he said/she said" scenario, and I do not appreciate the "club" stating I was "fully aware". Actually (and I refrained from inserting this earlier) I really thought [redacted] said it's all take care of from the 15th on.....maybe I misconstrued the comment, but , that is what I trully thought. She definitely said something to that effect, and I know that she will deny it. I thing the Revdex.com needs to intervene because Fit4you/[redacted] will never budge on what I consider unfair business. Please have an intermediary assist this on this matter.

Thank you for your time.

Regards,