Fitness Evolution

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]Complaint: [redacted] 
I am rejecting this response because it does not actually
respond to the refund request made in my Revdex.com complaint filed 11/13/15, and
explained at greater length in my original letter of August 26, 2015 delivered
directly to Fitness Evolution.  In
addition, Fitness Evolution’s short response includes erroneous and misleading assertions.  Specifically, my
original letter, and the subsequent Revdex.com complaint, did not request a refund
under the contract.  Instead, I have
acknowledged that the manager informed me that he would not refund my money,
and that the contract states that there will be no refunds.  But the manager also indicated that I could
send a letter to “the Ownership Group” to seek review of his decision.  All along, I have only asked for a refund as
an exercise of discretion by the owners of the franchise, in view of the fact
that (1) I sustained a back injury during my free personal training session on
June 17, 2015, with Fitness Evolution’s Director of Personal Training; (2) the
back injury caused me to seek medical evaluation and physical therapy at
considerable out-of-pocket expense; and (3) the personal trainer with whom I
was working and with whom I arranged a schedule that could be completed before
his departure at the end of August, did not show up for the second session that
we scheduled (on Friday, August 14) and subsequently informed me that he would
be leaving sooner than originally expected.Fitness Evolution's response to my Revdex.com complaint does not address the grounds for my refund request.  But it does state a few things that require comment and correction:1.  It is irrelevant to my request that the contract does not allow for refunds or for the services of a particular personal trainer.  My request was for a refund because of the circumstances described in my letter and subsequent complaint.  2.  It does not matter that "a liability release is a prominent part of the PT contract."  I have not filed a claim for damages as a result of injury sustained during personal training under the contract.  My back injury occurred on June 17, 2015, during my free personal training session.  I did not sign a contract until the following day, on June 18, 2015.3.  It is not true that "[t]he only appointment for training was made on 8/11.  I also had a specific appointment for 8/14/15, for which the personal trainer did not appear and did not let me know in advance that he would not be there.  In addition, I had arranged with the personal trainer that we would finish up my sessions over the last few weeks of August before his departure.  But he advised me on August 14, after he failed to show up for my session, that he was going to be departing immediately rather than at the end of August.4. The message left for me on 9/2 regarding the opportunity to complete my sessions with another trainer made no sense.  The manager knew that I had submitted a letter on August 26 requesting a refund.  Why would I complete my sessions with another trainer while I was waiting for a response to my refund request submitted several days earlier?  Asserting that I "refused the assistance of another trainer" is therefore quite misleading.  In the event that I am ultimately unable to obtain a satisfactory refund, I will consider the "offer" to allow me to complete the sessions that I paid for back on June 18, 2015.  Thank you for this opportunity to reply to Fitness Evolution's response to my complaint.[redacted]

Hi [redacted]. It seems your charges accurately reflect your agreement for services through 11/5 and were cancelled as scheduled.

Fitness Evolution does have a membership agreement on file for this member. We will remove the account from collections as a courtesy to member.

The member has spoken with the corporate office. The notes on the account show that the guest was confronted by management after multiple visits freelance training members. He was reminded of the policy and both continued with their workout. If the member feels uncomfortable, we can cancel the...

membership with no further charges.

Revdex.com spoke with [redacted]. The dues issue from April has been resolved however the customer was billed for May. She will be getting a cash refund Monday.

I do apologize for what is happening with the account.  We did notify the collection agency when that payment was made on 6/18/2015 and have sent a follow up email in regards as to why this is showing back up on your credit report.  A letter was also sent to you in regards to this...

matter.

Hi [redacted], we sincerely apologize for the oversight. Our training program used to be separate from our gym memberships and posed some issues. I do see that you cancelled in September and we owe you 4 months of training dues (Oct-Jan) before the program was cancelled in Januray. Your refund form is...

attached, please sign and return to me so we can process your refund.We have since changed our membership plans so the group training program is no longer separate to eliminate these issues and are happy to report the new structure is working much better. We apologize for the inconvenience and look forward to resolving this for you.

Hi [redacted]. Your dues were charged as scheduled by the attached agreement, but I have now cancelled your account per your request.

See Attachment

Hi [redacted],The initial refund form was sent via email. We do not send those by regular mail. However, once I get your refund form back, your refund check will be sent regular mail.

Hi [redacted]. I am sorry about your experience at the club and am forwarding this onto our executive team to address properly.As for your refund, the only charges that processed successfully were your initial charges for your enrollment and first month of dues totaling $43.99 . There were no charges for...

the prior month or any duplicate charges during that first month. Attempts at other charges were returned from the bank leaving a balance of $144.98. I waived that balance and closed your account so there wont be any further charges.

Hi [redacted]. Membership accounts transitioned to us when we purchased the club.I have closed your membership so there won't be any further charges.If you have record of your cancellation with your previous gym, please forward to me.

Hello,I apologize for the late response to your situation. At this time we have cancelled any further charges from occurring on this account. We have a membership picture associated with this account, and it would help us confirm that the membership belongs to someone else if you could please submit...

a copy of your photo ID. You can attach the photo to your Revdex.com response in order to help us clarify this situation.Thank you.

I do not show any request submitted to terminate the membership until the recent payment made in club.  Without the termination confirmation or the tracking number of the certified letter sent in August I'm not able to issue a refund.

I am rejecting this response because: I did send in a writer cancelation request and called customer service many times. I do not have record of the letter as it was over a year ago.

The heater has been fixed and we hope you enjoy your classes.

I have forward this information on to the regional Manager for this club.  In regards to the annual fee I have adjusted the account so the 2015 fee will not be billed in July.

I am rejecting this response because: Both $108.99 and $113.99  was charged & went through my credit account.  I've put an inquiry on both charges, but have not receive any credit back for both charges.  And I did show proof of trade in on the day of sign up, but the guy [redacted] didn't sent our proof through and we have to provide our trade in proof again to the [redacted] the manager.  This is poor customer service on there part, but we still got charged double for something we shouldn't have been charged.  Still have not gotten a call from the corporate office as to when I'll get my credit back on both charges.

The refund was processed on 9/18/2015, please allow five to seven business days for it to reflect on your bank account.

[A default letter is provided here which indicates your acceptance of the business's response.  If you wish, you may update it before sending it.]
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 provided:
1) This issue is removed from collections
2) No monies are due from me and I have a clear paid in full record with the company
3) My account is closed with the company and no future action will be taken with regard to this issue.
Regards,
[redacted]