Fitness Evolution

Review: Minor allowed to have individual gym membership then denied to cancel membership. Now being harassed for monthly dues.

My daughter who is a minor was allowed to sign up for a individual membership by another adult at Fitness Evolution. When she tired to cancel the membership she was told that she couldn't without the adult. Her account was then sent to collections. The collection agency has been harassing her by phone and telling her that, when she turns 18 it will go against her credit. She used the gym for about a week and then no longer used it. First of all she should have NEVER been allowed to sign up for an individual membership as a minor in the first place. Second the collection agency should not be calling harassing and threatening a minor. She has told them numerous times she is a minor and stop callingDesired Settlement: I want all charges taken off. Fitness Evolution should not be to allowed to let any minor have an individual membership and the collection agency they use should be admonished for harassing and threatening minors.

Business

Response:

Can you please provide additional information so we may look into this membership. The details do not state the member's (daughter's) name, which we need to look up the account. Do you have a membership number?

Business

Response:

Thank you. We have located your daughter's account. In order to resolve this matter, we will contact the collection agency and have her removed from collections.Please note that it sometimes does take a week or two for the collection agency to totally remove her from their system after our request. Thank you.

Consumer

Response:

I have reviewed the response made by the business in reference to my concern, and find that this resolution is satisfactory to me, as long as they do not contact my daughter any more. I would also like this not to effect her in the future if she does want to set up her own account at this facility.

Review: I originally signed up for a Fitness Evolution (FE) Basic Membership based on the sales pitches from multiple sales associates and advertisements that were mailed to my home. FE was offering a gym membership of $10.00 per month while they were "upgrading and renovating" the old gym on the property. The FE staff stated that prices would definitely go up after the renovation and that I should "lock in the $10.00/month rate for life and that they just opened this location and were only doing the promotion in August/September of 2014." At the time, I was shown pamphlets with pictures of how the gym was going to look when the renovations were completed. There was going to be a large private cardio room with a large theater for movies, a fully enclosed pool and all kinds of other amenities and equipment upgrades. I was also told that the owners had already purchased the laser tag building next door to expand the facility, that they were putting $1,000,000.00 into the property and that it should be done in the next few months or at latest end of the year (2014). This gym is old, worn out with numerous issues over the months I have attempted to go there. Frequently the equipment is old or not working as intended. The "new" cardio machines they purchased with TVs in them are not hooked up to the cable. When I asked when the machines would be usable with the TV monitors in them I was told they were not doing that until the renovation was complete. There have been health and safety issues with their pool and spas, which were closed for several weeks at one point. FE has tried to convince me to upgrade my membership on more than one occasion to the Premium membership (tanning beds, hydro-massage and fitness classes), but when I asked if they actually had those things they admitted they didn't have the hydro-massage and that the tanning beds were broken. They offer a few classes, but when I tried out a yoga class I felt the instructor's class was inadequate(I have done yoga for about 5 yrs).Desired Settlement: I want all of my membership fees and their annual equipment fee refunded to me in full and my account closed immediately. I have found out this unethical business practice is their norm and will work to warn others about them in the future.I will also be contacting my local DA's office regarding their "bait and switch" false advertising techniques and possibly Call Curtis. I know I am not the only victim.I look forward to your assistance in this matter. Thank you!

Business

Response:

At this time the members is only paying for a basic membership. The club does have group ex classes, tanning and hydro massage available. The member can cancel her membership, if she would like. We do not show that she has ever made an attempt to do so.

Review: I had only gone to this gym about 3-4 times when they accussed my 3 year old of putting a choke hold on another child. They suspended my child for a whole month without warning. The employee lied to the manager and said she had warned me about my child hitting. My son is a very happy child and I have NEVER had any parent, teacher, or any other person complain about my child acting aggressively in any way. There is no way for me to monitor my child because there are no video cameras and the room the kids are in is not visible unless you walk all the way into the room. I asked the manager for a refund and he only gave me an email address. I have been waiting since August 12th for a reply. I have tried emailing 3 times with no response.

Product_Or_Service: gym, child care

Order_Number: n/a

Account_Number: [redacted]Desired Settlement: DesiredSettlementID: Refund

$52.64 (inital sign up charge, payment for 1st month, and payment for 1 month of child care).

Business

Response:

Member never had childcare on account. Included transaction history as well as initial contract. Went in and waived the august fees which had returned for a total of $39.99 even though they were valid charged. No refund will be issued, as it was not a 5 day cancel.

Review: So I renewed my contract early with the gym because they had a promotion going on. It was two months before my year contract was going to expire. Little did I know in August I would be diagnosed with brain cancer I am currently fighting. I contacted the gym and let them know and asked if they would in good faith refund my money at which time they asked me to provide documentation from my doctor about mt brain cancer. I provided them with everything they ask for and was reassured they would refund my money since this clearly was out of my control and I provided proof. To this day I haven't been refunded my money and I'm getting the run around. I'm fighting for my life and don't have the strength or energy to fight with them anymore. I wrote a review on Yelp explaining my situation basically as I am to you and they did not post it. I said nothing bad. No more than I'm telling you. So now I turn to you for help. Please get back to me on this matter. Thank you kindly, [redacted] Whitacre

Product_Or_Service: Gym membershipDesired Settlement: DesiredSettlementID: Refund

Just want my $200 I paid for my membership renewal refunded.

Business

Response:

A refund has been processed by our corporate office for [redacted].

Consumer

Response:

I have reviewed the response made by the business in reference to my concern, and find that this resolution is satisfactory to me.

Review: I responded to the offer from Fitness Evolution, [redacted]t, for a free two-month trial membership for 2 people (my wife and I) upon the cancellation of a prior gym membership which we had done. The ad reads: "For you & a friend - trade in your other membership: $0 enrollment + 2 months FREE. The staff person processing our new memberships needed a credit card to set it up and then proceeded to charge $59.98 ($29.99 X 2) to our credit card. Given the false advertising of Evolution Fitness and the unexpected upfront charges, we returned the same day, May 29, 2014, and told the front desk staff that we wanted to cancel the membership and have the $59.98 refunded. We were told that it would be no problem as it was the same day and we had five days to cancel. We simply had to return the next day to talk with the manager and he would process the refund. We contacted the Evolution Fitness Manager the next day and numerous times since 5/29/14, requesting and being promised this refund. The Manager for San Jose Evolution Fitness has said that the refund was approved by the VP and then the Regional Manager. The Manager finally told us that the refund would be processed on July 3, 2014. Nothing has been done. We would greatly appreciate your assistance with expediting this refund and resolving this matter.

Product_Or_Service: Free New Membership offerDesired Settlement: DesiredSettlementID: Refund

Mail me the promised refund check in the amount of $59.98.

Consumer

Response:

Dear [redacted],

Review: My son is 16 ([redacted]) and they signed him up without a parent or legal guardian they didn't check to make sure that his sister was a legal guardian for him.

I got a phone call saying that my son had a past due amount for $155 and some change I called them and asked them how he signed up when he is 16 years old and I never gave permission for him to sign up the lady I spoke said she would look into it I then called back spoke to a manager he was very rude he said I could either pay it now or it was going to collections I said your company failed to make sure that his sister was a legal guardian for him and I never gave him permission to sign up at the gym they told me that I could either pay it now or I was going to collections and that was it they wouldn't work with me on anything he was so rude to meDesired Settlement: I am asking that they are erase the $155 charge and my son not go to collections due to the fact that he's 16 and did not have parent or guardian permission to sign up for the gym where he's never worked out at.

Business

Response:

Corporate office has already removed the balance from this account and the account was terminated.

Review: Finished membership after gym changed owners. They claim I signed a contract. I paid a full year. Now they are saying my certified letter was to late to cancel. The #'s don't add up as far as one year membership. No warnings or e-mail.Desired Settlement: End of Contract

Business

Response:

The membership that was transferred over was an auto renewal paid in full membership. What I have done is terminated the membership and no further action will be taken.

Consumer

Response:

Hello,

Review: I wanted to cancel my membership on November 14 in person and was told that I needed to make an appointment because only Managers can process those transactions made an appointment to cancel my membership in person on November 28 2013 at the Fitness Evolution club in [redacted], Stockton. I paid my dues for the current month and for the following month as I was told by Fitness evolution Manager [redacted], and as it is stated on my contract; since I am on a month to month membership. About two weeks later I received a letter in the mail stating that my "Membership is not in good financial standing". I took this letter December 19 2013 and asked the Manager, [redacted] about my account standing. She told me that I still had to pay a $35 annual fee that was due every year. I explained that if [redacted], the Manager who processed my cancellation would have brought this to my attention I would have paid it. She gave me corporates e-mail. I e-mailed the corporate office on December 23 and they responded back until January 3; explaining that I have to pay the fees. Now, I paid for the annual fee on January 11 but I was told that I had to go through the whole process again; therefore, I must pay for January and February [redacted] fees even though I have not used the [redacted] since November. So, I have to pay for their mistakes, and I feel that I am being penalized for them. I think they should have responded the e-mail sooner or froze the account, to avoid further charges since they were the ones who made the mistake in the first place.I ended up paying for Jan. and Feb. fees to avoid further charges because I was threatened that if I didn't pay the fees I would be sent to collections. This clubs management is very unprofessional. I know there are other people out there that have been treated poorly, and disrespected by the clubs management. My brother and I actually saw how poor they treated another customer. Beware of these people, they are wolves dressed as lambs.Desired Settlement: I would like a refund of $39.90. that is what I paid for on unnecessary fees; that is, for January and February. Because my membership should have been cancelled on November, when I had my appointment and paid my dues to cancel my membership with the club.

Business

Response:

We understand Mr. [redacted] frustrations. Unfortunately, the termination policies and procedures are clearly stated and agreed to on Mr. [redacted] membership agreement. We have not diverted from the membership agreement in any way.

Review: I have been trying to cancel my subscription with this company and everytime I try they give me the run around. I've gone at the end of the month and givin them a 30 day notice as they requested, and they say I have to come back at the end of the next month! When I try to ask for a manager they say there isn't one availableDesired Settlement: I want to cancel my subscription

Business

Response:

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.

Review: Membership cancellation policy/requirments are not condusive to good business practices; favor member sign up but not cancellation.

Company favors the members when they sign up- when I obtained my membership it was under Fitness Unlimited- very easy I walked in and was able to sign up without an appointment or without manager involvement. Now that I want to cancel I'm told I need to visit the store to speak to a manager during a limited schedule which would require me to take time off work or send a certified letter. Cancellation policy is inflexible and shows bias toward members that only want to join. Desired Settlement: To cancel membership in the store with out having to make special arrangements (be able to walk in and cancel with any employee in the store at any time).

Business

Response:

Business' Initial Response

We apologize for any inconvenience to Ms. [redacted]. Unfortunately, all of our termination policies and procedures are stated on Ms. [redacted] signed membership agreement that was provided at time of signing. Feel free to contact us if you have any further questions or concerns [redacted]@fitnessevolution.com

Review: Hi,My wife enrolled in a Basic membership plan in Fitness evolution in concord, CA and she discontinued from there last year and when she cancelled her membership she got a email for the deal to rejoin as stated belowWE WANT YOU BACKPay in Full and get an extra free three monthsEnrollment Fee -$0 + 1 Month FreeFree Personal TrainingAnd it was not mentioned anything else in that deal apart from what I mentioned above and not expiry date in it. We went yesterday to join back again for the basic membership plan which cost $9.99/month, the person at the front desk said he cannot accept that coupon for Basic membership and can accept only that coupon if we want to join Premium membership which cost $19.99/month.If we need the Basic membership plan he is asking $99 as a enrollment fee. It is not at all mentioned anywhere in that email the deal will be applicable only for Premium membership when we come back to join.Thanks[redacted] Account_Number: [redacted]Desired Settlement: DesiredSettlementID: Other (requires explanation)

I want them to allow my wife to signup for the Basic membership with out enrollment fee and first month free as mentioned in that We want you back Deal.

Business

Response:

Member’s wife never received the “WE WANT YOU BACK” offer. She cancelled prior to that campaign rolling out. It’s an exclusive offer only valid to the member who receives it. Member’s wife already rejoined and has an active Basic membership in the system.

Review: My membership was inappropriately terminated on false grounds with no evidence provided for reason, no District Manager involvement, no arbitration, and no refund offered. I was discriminated against by the gym manager who doesn't like me.Additionally, 1 hour of personal training was included with my Premium membership that was never delivered.

Product_Or_Service: 15 months premium gym membership

Order_Number: None

Account_Number: [redacted]Desired Settlement: DesiredSettlementID: Other (requires explanation)

I would like my membership reinstated and a personal apology from the gym manager (**) who treated me poorly. I would also like to have use of the motion cage that was originally included with my membership.

Business

Response:

The member was notified by the club and warned verbally, more than once, that the motion cage is for personal training use only. There are plaques by the motion cage and it is roped off with a sign that says "for PT use only". The staff felt that the member was discourteous regarding the matter. The membership contract states that the Club may cancel Members membership at any time for breach of the club's rules.

Business

Response:

The member was notified by the club and warned verbally, more than once, that the motion cage is for personal training use only. There are plaques by the motion cage and it is roped off with a sign that says "for PT use only". The staff felt that the member was discourteous regarding the matter. The membership contract states that the Club may cancel Members membership at any time for breach of the club's rules.

Consumer

Response:

I am rejecting this response because: The club is being hypocritical about implementation of their rules. They stated that any club member must be with a personal trainer when using the motion cage. There was another club member using the motion cage by himself. He was allowed to continue and I was kicked out of the club despite my being on the outside of the motion cage - all because he had paid personal training fees. Again, the rules that were stated was the club member must be accompanied by a personal trainer for safety reasons. Obviously, all they care about is making additional money.I would like a pro-rated refund! ** does not personally like me because I objected to their change of the rules midstream disallowing access to the Motion Cage. Upon signing up to the gym, the motion cage was made available. 2-3 weeks later, they closed off access to it. The management team at Evolution Fitness obviously thinks they can do whatever they want and mistreat their customers. There are alot of reviews on [redacted] about Evolution Fitness continuing to bill them after they cancelled their membership. These guys are shady.The ethical thing to do is refund my unused membership since I paid in advance for 14 months.Thank you,[redacted]

Consumer

Response:

I am rejecting this response because: The club is being hypocritical about implementation of their rules. They stated that any club member must be with a personal trainer when using the motion cage. There was another club member using the motion cage by himself. He was allowed to continue and I was kicked out of the club despite my being on the outside of the motion cage - all because he had paid personal training fees. Again, the rules that were stated was the club member must be accompanied by a personal trainer for safety reasons. Obviously, all they care about is making additional money.I would like a pro-rated refund! ** does not personally like me because I objected to their change of the rules midstream disallowing access to the Motion Cage. Upon signing up to the gym, the motion cage was made available. 2-3 weeks later, they closed off access to it. The management team at Evolution Fitness obviously thinks they can do whatever they want and mistreat their customers. There are alot of reviews on [redacted] about Evolution Fitness continuing to bill them after they cancelled their membership. These guys are shady.The ethical thing to do is refund my unused membership since I paid in advance for 14 months.Thank you,[redacted]

Consumer

Response:

I am making a formal request for Fitness Evolution to refund the unused portion of my gym membership from the date of termination. A selective warning from JC (local gym manager) about using the an exterior portion of the motion cage while allowing other’s to use it does not justify (1) termination of my entire gym membership and (2) non-refund of my prepaid membership. He is making this personal which is highly unprofessional and does not represent Fitness Evolution in a good light. It is unethical for them to keep the unused portion of my gym membership fees. Fitness Evolution carries a pattern of not refunding customers as is evident in the on-line reviews. Thank you for your assistance. Best Regards,[redacted]

Business

Response:

The club will not be refunding the member's dues. As noted in the contract, the club may cancel Members membership at any time for breach of the Rules and Regulations or generally undesirable behavior, as determined by Club in its sole discretion, and Member will not be entitled to a refund of any portion of initiation fees or dues paid to the date of cancellation

Consumer

Response:

I am rejecting this response because: Who is the judge of undesirable behavior? **, the local manager who had the bad attitude? This is a subjective reason and does not hold water for their choosing not to refund my money. Why wouldn't they fall back on their legal verbiage if they have the ability to justify their unethical behavior. That's the purpose of the Revdex.com; to fairly adjudicate issues like this whereby the consumer was unfairly treated. I would like the Revdex.com to place more pressure on Fitness Evolution to refund the unused portion of my membership.[redacted]

Review: You can't ever cancel with this company! I have tried to cancel with the gym on Hamilton Avenue in San Jose where I am a member, and they say "it has to be in writing". So I wrote them a letter on 1/23/16, and guess what? Almost 2 months later, they are STILLING CHARGING MY DEBIT CARD! Surprise, surprise! (Not.) I called to talk to my gym manager, and she says she can't talk to me about it, that is the corporate office. You call the corporate office phone [redacted] and of course, nobody answers! I tried to cancel 6 months ago and they gave me the same runaround, but I'm not taking it this time! What a SCAM!Desired Settlement: They need to cancel our 2 memberships ([redacted] #[redacted] & [redacted] #[redacted]) and credit me with the $9.99 they charged me on 3/15/16. They say that you have to give them 30 days notice before cancelling, so I won't dispute the $14.99 they charged me on 2/15/16, but I want the $9.99 for March 15th back, and I want this account cancelled!

Business

Response:

We have confirmed that the member sent a letter on 1/23/16. Last charge should have been 2/1/16 for both accounts. A refund form is attached for the 3/1/16 charges, totaling $19.98. If the member can provide proof of cancellation prior to 1/23/16 cancellation letter, we can adjust the refund amount.

Consumer

Response:

I am rejecting this response because: They said that they were attaching a form for me to request a refund. 1) there was no attachment on the message I received. 2) They even agreed that I cancelled the membership on 1/23/16 and they shouldn't have made the 3/1/16 charge, so why should I have to do anything in order for them to refund the mischarge? They need to refund the $19.98 that they owe me for March back to the same credit card, without any further action on my part.Best regards,[redacted]

Business

Response:

HI,My error that there was no attachment to the previous response. You will find it attached here. Once received back from you, it will be processed.

Consumer

Response:

I have reviewed the response made by the business in reference to my concern, and find that this resolution is satisfactory to me.

Review: On September 7, 2014 I went to Fitness Evolution in Antioch, CA and spoke with a young man I told him I wanted to learn how to use some of the equipment and wanted someone to give me some instruction. He proceeded to say that a trainer could show me how to use the equipment. I told him I only wanted someone to work with me two to four times to show me how to use the machines so I would not injure myself or someone else. I do not have anything in writing and he did not give me his card. Nor did he say I was signing up for MEMBERSHIP. I did give him my debit number and signed my name on a machine to pay for what I thought was two to four times to work with an instructor. Unbeknownst to me and without any explanation he apparently signed up up for a membership. I did not want nor did I request a membership. If a membership is required to do work with a trainer, he should have told me that. If I had known this is the way Fitness Evolution did business I would never have stepped foot in the building. It is just wrong! It is a very poor business practice to not inform people of what is transpiring. Actually, this appears to be scam and scamming senior citizens is against the law. I was not asked if I wanted to be signed up for a membership, nor was I advised of how the process worked if in fact this is what he did. This was the first time I had ever been inside a fitness center.It wasn't until I checked my debit card statement did I see that after that initial charge on September 7, 2014 of $99.00 did I see additional charges to my account. One on October 7, 2014 for $60.00 and another charge of $60.00 appeared on November 12, 2014 charges and if there is a December charge reimburse me for the October 7, 2014, November 12, 2014. (Probably another $60.00 charge will appear on my December statement). I am very upset over these charges to my account and implore you to reimburse me for that and cease any further charges. Please remit to me a total of $180.00. Also, if there is a membership in my name, PLEASE cancel it. My monthly income is not sufficient to cover this type of expense. The only charge to my account that should have occurred was the September 7, 2014. I agree that I should pay the $99.00 as I did work with an instructor twice. Then I got very ill and have been unable to continue. Desired Settlement: Please, reimburse me as soon as possible. I am 79 years old, on a very fixed income and cannot afford these charges. I have medical, food and housing expenses that need my attention. Please resolve this as soon as possible so I may be able to pay my other expenses.I live downtown Antioch in a senior housing complex but someone receives my mail in Pleasant Hill for me. Feel free to call me if you have any questions.Sincerely,[redacted] P.S. I did contact your billing company and they were unable to help. I also put in a call to the instructor I worked with and he has not called me back. Please I only want Fitness Evolution to be fair and considerate as I believe a dis-service has been done.

Business

Response:

The personal training at our Antioch location is done by the company Professional Fitness they can be reached at [redacted]. They will be able to assist you with any questions in regards to the personal training.

Business

Response:

The personal training at our Antioch location is done by the company Professional Fitness they can be reached at [redacted]. They will be able to assist you with any questions in regards to the personal training.

Consumer

Response:

Consumer states: I have made multiple calls to this number but I have not received any response or calls back. I am being continued to be billed. I need someone to contact me to get this resolved. Please contact me at [redacted].

Business

Response:

We have nothing to do with the billing for personal training at this location. Professional Fitness is the company billing you.

Review: BUSINESS

Fitness Evolution [redacted] Fax:

Called multiple times to cancel membership, was told to mail letter, letter was returned each time. Still unable to cancel & being charged monthly Fitness Evolution of San Jose, CA (Downtown) purchased [redacted] spring 2014. I moved from the area in June 2014, called [redacted] to cancel my membership. They told me to send a letter to corporate stating why, etc. I did so, 6 months later, my bank account shows $20 ea. month for Fitness Evolution. I call, they say, "[redacted] transferred you as an active member." I say, "Well I want to cancel and get a refund. I haven't checked into your facility in over 6 months." They reply, "We cant refund you, send a letter to this address." I send a letter, it gets returned: "Address not found." I call to verify address, they give me the same exact address. I send it again, it then gets returned another time. The second time I call, "You have to send it certified mail." By this time, a month has passed & I am still getting charged! I was never told from the beginning to send the letter via certified mail. Which would have saved a lot of time and stress. Also, when signing up for my membership, I signed a contract with [redacted]. Not fitness evolution, therefore I abided by the rules to cancel my membership via [redacted], like a [redacted] rep told me to. Still, its now March 2015. Going on almost a year, I am still being charged for a gym membership I never use.Desired Settlement: I want my membership cancelled immediately and I want a refund for the months, I was not using their facility.}

Business

Response:

I do apologize for any confusion however the cancellation procedure is clearly outlined all of the termination request need to be sent via certified with [redacted] or with Fitness Evolution. As we have not received the proper request the account has remained active. What I'm able to do is terminate the membership moving forward but I will not be able to issue a refund.

Consumer

Response:

I am rejecting this response because:Termination policies were not outlined by fitness evolution because I never signed nor received a contract with fitness evolution. My contract was with [redacted]. Is there a reason you cannot issue arefund? This business is very unprofessional with communication. If I knew to mail mycancellation request via certified mail, this could have been handled months ago. But I had to call and send 2 letters to find that out. This is very inconsiderate of my time and also inconvenient. Therefore, I want a refund.

Business

Response:

I understand the original agreement was with [redacted], however, the policy to terminate the membership remained the same. The request needs to be sent via certified mail. The membership has been terminated and no further charges have been assed to the account.

Consumer

Response:

I am rejecting this response because: Regardless of what the policy was to terminate the membership, I was not told the letter had to be sent via certified mailuntil I received two returned letters and made 3 phone calls. There needs to be better communication between employees and members. Or maybe better training. Still requesting a refund and will continue to do so, because this is ridiculous. I know you have means to issue refunds. All businesses do.

Review: I am currently trying to cancel my gym membership with Fitness Evolution. I signed with Fitness Evolution in March 2015. I was told that I could cancel my membership at any time and that I was signing a waiver of liability, not a contract. In August 2015 I submitted a letter to the gym stating that I would like to cancel my membership. I was told by the gym, this was how to cancel my membership. Then in October 2015, I received a phone call regarding my membership. I was told that I owed $68 and that they would cancel my membership that day. On, November 19, 2015, I received another phone call stating that we now owed $200+ and that if we did not pay it will go to collections. I was informed that I could not cancel my membership. But, I was told when I signed the original contract that I could opt out at any time and that I was signing a waiver of liability, not a contract.Desired Settlement: I would like to have my membership cancelled as of September 2015. I would also like the harassment calls to stop, as I have already submitted my letter of cancellation as per the gym's request.

Business

Response:

The Member's

first request to cancel was sent 9/9 via mail. All cancellations require

a 30 day notice to cancel, making the 9/15 charges due to cancel. The Member

spoke to corporate office representative regarding the cancellation and was informed she must pay

$63.99 to process cancellation. (There were all charges within the last 30 days)

Member never came in to make payment, which is why she is receiving

calls regarding the past due balance.

Review: Corporation will not allow me to terminate my membership, false allegation and contract terms.

Continue to charge my account.

On October 9th, I noticed the gym via Certified letter through the postal service regarding my intent to cancel my daughters (minor child) membership and myself. After speaking with the Gym manager in the Stockton location, she directed me to send a letter with my intent to cancel both memberships and mail to corporate office. I was advised at that time that no termination fee was due on either account. She viewed both accounts and stated they were both in good financial standing, and we had been outstanding member's since it origin of Gold's Gym. No additional fees to cancel was required. She then stated that one more draft would be made to the account to cancel. After, viewing my current back statement, a draft of $65 for maintenance was charged for 2013/2014 and a fee of $44.99. My current monthly obligation for both memberships is $34.99 I emailed the corporate office with my concerns. On November 5th I receive a letter stating that my request to terminate both memberships can not be cancelled due to membership financial standing, refusal of payment dues within 30 day notice, and non payment of $25 termination fee per membership account. These are false and inaccurate allegations.

1. My membership is on automatic draft, therefore, payment is on time making the account in good financial standing.

2.Refusal of payment is false, since payment is automatically drafted. No notices have ever been sent of any kind to my home. My address has not changed. However, there corporation has changed hands three times. Gold's gym, U-fit and currently Fitness Evolution. I never signed a new contract with the current corporation. My original contract is with Gold's gym who are no longer in business due to the current owner's inability to maintain Gold's gym standard and license revoked.

3.$25 termination fee- In my original contract with Gold's, a termination fee was not in my original contract.

This corporation has no live person to speak with and handle all matters via email, making resolution to this matter frustrating. I have sent them a 3rd letter regarding there letter not allowing me to terminate my membership.

This matter has happened to several individuals who have tried to terminate their memberships. The same matter happened to my husband, and they sent him to collections after falsely stating that notices had been sent out. This corporation thrives on members who will not follow through and will become frustrated and give up, and continue to draft payment without rendering services. Ultimately, sending customers to collections and creating hardships on individuals.

My request is that my membership and daughters be cancelled immediately, and my account credited for inappropriate withdrawals. My account number is XXXXXX and my daughters XXXXXX. Please help me resolve this issue and stop this corporation from falsely collecting dues.Desired Settlement: Termination of gym memberships and refund of fees drafted from my checking account for both memberships.

Business

Response:

Initial Business Response

All fees on your account must be paid prior to your account being terminated. There have not been any deductions from your account since your termination date as all charges including your last payment came back returned from your bank. If all fees are paid then the accounts can be cancelled.

Final Consumer Response

(The consumer indicated he/she DID NOT accept the response from the business.)

There have been no fees returned by my bank for unpaid drafts. Therefore, my account is paid in full and membership should be cancelled.

Final Business Response

The final payment to cancel your account with 30 days notice declined. Your transaction history is below showing the returned payment. Please make a payment on this and other accounts you wish to cancel and the account will be cancelled. Thank you.

10-31-2013 10-31-2013 [redacted]

SALE TERM FEE 25.00 25.00

11-05-2013 11-05-2013 SYS-AB

SALE NOVEMBER FEES 15.00 40.00

11-05-2013 11-05-2013 SYS-AB

SALE ANNUAL FEE 25.00 65.00

11-05-2013 11-05-2013 SYS-AB

PAYMENT AUTO CR CARD -65.00 0.00

11-05-2013 11-05-2013 SYS-RI

RETURN CK/CC TRANSACTION OR 65.00 65.00

11-05-2013 11-05-2013 SYS-RI

MISC. DEBIT RETURN CC FEE 10.00 75.00

Review: Was a member at Gilroy Health and Fitness. Moved out of the area and contacted the facility, now Fitness Evolution, to cancel. Was told to mail a letter with my membership card to the location. This was in January. Fast forward to July and I notice that I am still being charged. Tried calling the location and the number would ring with no answer. Attempted to submit a request to be contacted via the "Contact Us" section of the website. Now it is the end of August and I have had nobody contact me. I tried calling again today and no answer. Was able to get the number from a different location. Not sure why there is not updated information online for them. In any case, I was finally able to obtain the corporate office number. Called and seas no answer there so I left a message. Very concerned after reading everyone else has been going through the same issues and the location has said that there have been several people who had cancelled and it fell through the cracks in the transfer of ownership. Still unacceptable to still be charged after 7-8 months from canceling and having such a hassle to get a hold of anyone to give you answers or a resolution.Desired Settlement: I would like to be refunded for the 7 months I have been charged after canceling. I would like to issue a stop payment with my credit card, but have heard other customer's complain about being sent from collections for this as well. I would like to be refunded for all of the charges and have my membership terminated once and for all so I can be done with this company. I would also like there to be some serious investigation of their business practices.

Business

Response:

Hello,We do not have a record of your cancellation on file with Fitness Evolution. Can you please forward us proof of your certifiedmail and we can issue refund for non-valid charges. Thank you.

Consumer

Response:

I am rejecting this response because:when I inquired about cancellation, I was not told that it needed to be via certified mailS I have already submitted my cancellation and my membership card to the location. Again, after reading other customer complaints, I am not the only one having this problem with things falling through the cracks with change of ownership. I would be happy to send my cancellation later that I have saved on my computer again, but I still would like to be refunded since January. This is ridiculous.

Business

Response:

We received and processed the certified letter. There will not be a refund issued and if any of the charges are disputed they will be placed back on the account.

Consumer

Response:

I am rejecting this response because:while it's nice that you have finally done what I asked to be done 6 months ago! You are absolutely a bunch of crooks and I will be sure to share my experience with everyone. Word of mouth is a very powerful thing and everyone should know what kind of scams are being run over there. Lastly, there better not be any additional charges in my account, as you stated in a previous message that there would no 30 days notice. Therefore, if there are any amfuether charges, they will be disputed and if they are placed back on the account, keep in mind I have in writing that there wouldn't be a 30 days notice. I hope you get all that you deserve. Good riddance.

Review: We were not told about the early termination fees of 15% and we were not told that he signed us up for a year contract. We know it's a month to month

Me and my sister signed up with this training session last week of April,2013 with [redacted] in Stockton/Hammer Lane. We are aware that we have to pay $280 every month for 2x/week session. We were told that if we want to downgrade to 1x/week session we have to let him know w/in 30 days from the date we signed up. And if we want to cancel it we have to let him know. The way he explained it, it will be be a month to month basis. Nothing was mentioned about the 15% early termination fees and surprisingly [redacted] is not even aware of if because when I told him about that he was surprised and told me it was wrong. Also, [redacted] told us if we cancel the contract now we can't use the left over sessions that we already paid, the sessions will stop right away. But the Corporate says we can still use it because it is already paid sessions. The facility is very uneducated when it comes to contract and it is unfair to us constumers because we are victims of such companies neglection. I requested to speak with the manager last Thursday 7/11 and I was told by the rep that they will call me back. Today is 7/17 and still waiting for their call. I refused to pay that 15% ($569.85) because that is not contract that we signed up for. It is very misleading and inappropriate. Desired Settlement: I refused to pay the 15% early termination fee ($569.89)plus another month of payment ($280.00)that will take place on Aug 2,2013 if I turn in my cancellation request now.

Business

Response:

Business' Initial Response

I understand that the client is unhappy of the termination fee, however the contract actually states that it is non-cancelable within the initial term. We allow clients to end the contract early, but we do require a fee to make up for the loss of the remaining contract amount that the client promised to pay. I did explain to the client that she didn't have to cancel if she didn't want to pay the termination fee. Termination is an option but we do not automatically charge the fee when the client request termination. We will not deduct anything other than the monthly payment that the client agreed to in the contract. I did tell the client that if she paid the termination fee before the August draft than I would waive the August draft and I also told the client that she could use her sessions even after termination of the contract. The contract does not have a early termination clause in it. Therefore I do not have to allow the client out of the contract unless she terminated within the alloted time for the CA buyers remorse law or she has a medically disablity or relocates. We are happy to still continue with the client and provide the monthly sessions. We are not in breach of contract in anyway. We will not waive the termination fee at this time. Thank you.

Consumer's Final Response

(The consumer indicated he/she DID NOT accept the response from the business.)

To my understanding,if you (business) will have the customer sign the contract, all the content of the contract should be verbally explain to the customer and also on how the payment will go. All I was told is I have to pay $280 for each month, nothing was said about the 12 month contract in which I am NOT interested to be in. The facility didn't mentioned about the 5 day RIGHT TO CANCEL or the contract is not cancelable. I didn't ask because all I know is this will be a month to month basis. And in fact, I don't even have the copy of this contract I just asked for it last night. We explained to [redacted] before we sign the contract that we have financial issue but I'm willing to try it for about 2 months only. Me and my sister will do it and split the payment. If I knew about this cancellation rule then why I would wait 2 months before I cancel it.

The facility is not honest and the Corporate admitted the mistake but still will have the customer accounted for that mistake. I am very, very, very disappointed with this.

Business' Final Response

The company is required to answer all questions honestly. It is not the companies resposibilty to read the contract the client. It is the clients responsiblity to read the contract before signing. We will not be waiving th termination fee. THank you.

Review: In April 2013, I cancelled my gym membership and my wife's gym membership with Fitness Evolution. The attendant incorrectly cancelled only my wife's membership and not mine also. Unknowingly, I have been incurring membership costs since that time. Because the credit card I used for the membership fees was recently closed, I started receiving notification a few months ago to update my payment methods. I went to the gym and talked to the gym manager, Tony R[redacted], on August 11, 2014 to inquire about the charges which are more than $200 after fees and penalties. After his review, he stated that his employee must not have cancelled the membership and he would fix the issue. I continued to receive automated emails from Fitness Evolution to update my payment. I emailed him multiple times over the past month and he replied twice saying he was still working out the issue. I called again today and Fitness Evolution staff states I still have not cancelled my membership. Tony is avoiding phone calls and now his emails are bouncing back. By my calculations, Fitness Evolution has processed unauthorized credit charges from me since April 2013.Desired Settlement: Refund the charges, remove me from their system.

Business

Response:

September 24, 2014Dear [redacted]:In his complaint [redacted] states that he cancelled both his and his wife's membership in April 2013. His wife’s signed cancellation request is dated 2/16/13 and according to our records [redacted] was not present in the gym in April, however we have him logged in thru July 2013.According to our contract each member who signs to join must also sign to cancel thsir own membership. When [redacted] provides a signed cancellation request his billing will discontinue after the required 30 day notice policy and his membership will be cancelled provided he has cleared his balance.Should there be any further questions, please contact our office.Sincerely,Sheila K.Billing Manager