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]

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.

This member was caught on several occasions free lancing promoting personal training in the facility.  The member was first warned advising her this was not allowed at the facility.  Several days later she continued to pass out business cards at this time the member was advised that her...

membership was terminated. We are hereby terminating your membership effective immediately. Per section 18 of the membership agreement you signed you are in violation of the gyms rules and regulations regarding undesirable behavior. With that said it also states in the same section of your contract if we terminate your contract due to what we deem at our sole discretion to be undesirable behavior you will not be entitled to a refund of any portion of initiation fees or dues paid to the date of termination. In addition, since you are no longer a member of Fitness Evolution, you are no longer allowed on the premises. If you are found to be on the premises, we will consider this to be trespassing and the authorities will be contacted.   In regards to the other family memberships they are still active.  We do not issue any refunds on paid in full memberships.

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

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.

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]

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

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.

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.

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.

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.

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.

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.

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).

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.

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.

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.

This is the only email I received from them confirming my cancellation with them. I was told that this was an email that was within their company but once again was not the way to go about this. My question is why would they tell me it was cancelled if this wasn't the right way to go about this?

I am rejecting this response because: I was never given a copy of the signed termination request form that I filled out in the club. The manager at the front desk assured me it would be taken care of. It is ridiculous that I am just now hearing back from someone, after contacting the Revdex.com, and have been sent to collections without even being contacted; I never received a voice message or letter in the mail of any kind. This is an absolutely unfair and poor business practice. There should be a balance of $0.00 as I tried the gym once, cancelled the same day in person with a manager and previously paid my $19.99 +tax for one month of use of a ’No Contract’ membership. Please clear this from my account immediately.