Fitness Evolution

Revdex.com:
I have reviewed the response made by the business in reference to my concern, and find that this resolution is satisfactory to me.
I will make arrangements with the trainer for the 8 sessions due to me. Furthermore I accept the previous offer of the reimbursement for April 2016 and May 2016. The total amount due me is or around $744. I will complete the reimbursement form and send it to you. I also understand that my membership has been cancelled and no further charges should appear on my account. Thank you for taking care of this matter.

Our records indicate the childcare service was added in February.  The member put in a request on 4/11/16 to cancel. I have attached our notes. Cancellation requires a 30 day notice which is why the member was charged on  5/1/16. Both Childcare options are currently cancelled with no more...

further charges.

When the member came to cancel, he had a balance due on his account frrom the 2/1/16 dues that were returned.  As a courtesy, the company waived the return charge. However, there was still a 30 day notice (March fees owed) to cancel which is the $23.99 he paid on 4/11/16 The cancellation was...

completely processed. The account is terminated with no further charges due.

In order to terminate any membership the policy applies to all members, the account must be in good financial standings in order to terminate the membership.  There is a 30 day written termination request that needs to be submitted either in club with a Manager or via certified mail, any and all fees incurred with that time needs to be paid in order to complete the request.  If the fees are not paid the account will remain active.  I do show you made a payment over the phone to the local facility on 12/11/2014, at this time your membership is terminated.  Please note if the payment is returned for any reason included but not limited to charge backs, insufficient funds, etc. the account may be referred to collections.

When [redacted] joined the gym she was billed the enrollment fee of $9.99 and the prorated dues for August of $5.16.  On that day we received a payment for $9.99 leaving her with a balance of &5.16 which was included with her monthly dues on 9/1/15 and that charge was returned to us as "NFS....

 While she was filling out her contract on an electronic tablet all the terms and conditions of the membership were explained to the member as well as the program will not let the member progress forward in the sign-up process without acknowledging and accepting the terms of the contract.  Before giving payment information it is explained that a Credit Card payment has a surcharge and a Bank Account does not.  Additionally a completed contract is emailed to each member as soon as it is completed and according to the complaint [redacted] is receiving our emails.We do not charge any member for using the gym, we charge for a membership to the gym.  The cancellation form [redacted] signed states the need for 30 days notice "which includes 1 full month of billing.  This document was also emailed to the member after completion.  The original credit card given at sign-up was replaced on 9/2 but that credit card  was also denied when we attempted its use for October dues.We stand by our contract which is regularly reviewed by the Attorney General of Maryland for accuracy and legality.Sheila K[redacted]Billing Manager

I am rejecting this response because:  I have not gotten paid yet, I am owed for six months.

[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]

I am rejecting this response because: We did not receive a full refund. We received a refund for 1 month for the month of May AND your business attempted to draft  the money back out of my account 1 day later for June and I...

stopped the transactions with my bank.  We have yet to receive April's payment back for 8 sessions of training we have not been given. We refuse to pay for a service that has not been delivered.

Fitness Evolution shows no attempts to cancel. All memberships require a 30 day notice and cancellation either in club M-F from 9a-6p, or a certified letter. As a courtesy, company will cancel out membership and waive 30 day notice. Account expiration date will be 2/29/2016.

Hi [redacted]. Instead of having contracted term lengths, we only require a 30-day notice for membership cancellations. Charges that fall within that window are valid.

Hello,The Member was contacted by Fitness Evolution and was made aware of the balance and informed to please update ach.The member never requested any cancellation. Per the signed membership agreement with the club,a 30 day notice by certified mail is required. All charges are valid, however,...

Fitness Evolution is willing to settle with the Member  for$64.31.

Revdex.com:
I have reviewed the response made by the business in reference to my concern, and find that this resolution is satisfactory to me. Thank you so much! Sorry for any inconveniene.[redacted]

Revdex.com:
I have reviewed the response made by the business in reference to my concern, and find that this resolution is satisfactory to me.
I have already sent the refund form back. I have emails stating that you have received. It took 30 days to receive the form and I've been waiting 30 days for the refund. How many times must I submit the refund form?? This is so ridiculous.

Members that did not want to become fitness Evolution members either terminated their membership or requested to be transferred to a different [redacted]s location.  You may contact the corporate office for [redacted]s at ###-###-#### to request proof of either termination confirmation letter or the transfer request.  Without either the balance is valid as this is the information we received with [redacted]s stating you were an active member.

I am rejecting this response because:
I am aware of the contract I signed! That signed contract
shows the first place were the mishandling of my account starts and how I was
misled to believe that I was getting what I was paying for.  This complaint and request for a partial
refund is about customer service and the handling of my account not what
trainer I had!! Please see the attachment
of the contract that clearly shows your mistakes. This is truly about the way I
was treated as a customer and mistakes made by your staff.  First off at the top of the contract you can plainly
see that it says 3x3 months and 12 sessions a month. That was the focal point of what was discussed
before signing, 3 sessions a week for 3 month with a total of 36 sessions.  [redacted] went over that many time stating that I
didn’t need to go three times a week if it was too hard for me but my 36
sessions would still be there and would not expire even after the three months.
Do you really think giving 4 extra sessions
will make any different in how you do business? 
You will continue to treat people only as money donors to your
company.  Even after my contract was
complete and I had given a written cancellation notice my account continued to
be charged another $ 120.  I feel it is
important for people to stand up for themselves in situations like this and not
be pushed around.  I could understand if
I was asking for a full refund but as I stated I am only seeking a partial
refund of $720.  You can keep your extra
4 sessions.  I have lost all confidence
in our gym, training staff and company and can no longer work with Fitness
Evolution
[redacted]

Our company has no record of the member's cancellation on file.If the member can provide proof of cancellation (cert letter receipt) we willbe able to waive necessary charges. It appears that the member stopped payment on the account in January, making all further charges valid at this time. If the...

member is unable to provide proof of cancellation, we can settle for 65% of the balance ($128.05).

In order to terminate any membership there is a 30 day notice, any and all fees due in that period need to be paid in order to terminate the membership.  As the annual fee is billed during that period of time it does need to be paid and we do not pro rate the amount.  All of our fees are...

disclosed in the agreement that was emailed at the time of signing.  There will not be a refund issued.

Better Business...

Bureau:
I have reviewed the response made by the business in reference to my concern, and find that this resolution is satisfactory to me.
I would like a written confirmation that my account has been terminated indefinitely and will no longer use my bank information and continue to charge me . If my bank information is used I will sue for FRAUD and Illegal business practices .I would like a written confirmation from the company within 7 days. Thank you for your help in this matter.

I am rejecting this response because:  I have no proof of this and I have been very understanding but they need to take some responsibility for their actions as well.  It took almost 2 months to get the details.  I have been trying to call and leave messages and emailed.  No one returns calls.  The trainer who sold me the sessions was fired for the same reason I didn't want them to begin with.  I was completely pressured into this and was so angry that he made me return before I left on vacation.  How would I have cancelled when I was not even in town to begin with.  They were my best friend when they wanted my money but I ask for a refund and they don't return calls.  The customer service I have received is terrible.  They have not even offered a compromise or try to help in any way or apologize for the person who sold me the session.

Hello.The agreement that was signed was for 6 months, however, we will waive the balance on the account if payment is made for $160. This will fulfill the PT obligation. Please note, the member is still responsible for membership dues.