Fitworks Holding, LLC

I have spoken with [redacted] and have come to a resolution on the matter.
Regards,
[redacted]

I received Miss [redacted] complaint and reviewed her comments.  I'm sorry that Miss [redacted] has had such a bad experience with us.  I would however like to address some of the complaints.  Yes the A/C units were out for a while but not the all summer.  We have since fixed all...

of the units, and yes it took a little time to get them all done.  Our yearly fee is charged once a year and we do not prorate any refunds nor do we charge our members for a prorated amount if they cancel before the yearly fee due date.   I have checked with the manager and the assistant manager and I have been reassured that never at any time the was any comments made regarding the yearly fee being "stupid".As far as not all employees been familiar with the contract, that is a possibility.  Normally if you are not involved in the sale process you may not be as familiar with the contract as a sales person would.  We will make a better effort to better train some of these employees in the future.I cannot refund the yearly fee of the last payment, but as a gesture of goodwill I will submit a refund to Miss [redacted] for the $75 early termination fee she paid to cancel the account.  That is more than what she asked for, but we are trying to do what I think it's fair at this point.Although I cannot correct any past issues, I hope this is satisfactory to Miss [redacted].Respectfully,Tony S[redacted]

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.I do not understand how that is an acceptable answer, extremely childish and unprofessional. What I would like is for you to cancel my contract at no cost to me so I can be done with your horrible company. 
Regards,
[redacted]

Revdex.com:
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.
I still do not agree with your response. I understand you are taking up for yourself and your business as I am trying to do here for myself but you are just not getting my side whatsoever. I tried to dispute this before it went into collections at the Mall Rd. location and it was obviously not resolved. So I had no choice in letting it go. I let in sit on my report, again, because I refuse to pay it. Thank you for your time anyway. I understand you were not any part of this and I am not placing blame on you personally. Just frustrated that you say I am making false accusations.
Regards,
[redacted]

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.  However, now they have moved the class up an hour so that play land is available for attendees. So frustrated, I would have happily stayed a member of the gym if only they could have come up with this the week before and I didn't have to go to these measures. 
Regards,
[redacted]

Sorry for the delay in response, I was not in the office last week and just got back today.  I had a chance to review Miss [redacted] complaint and found the following.  First I would like to address that our club has always had trainers on staff and a our office phone lines do not always goe...

to voice mail.  We answer the phone when it rings and if everybody is on the phone it does go to voice mail and we always return the calls within 24 hours.The actual agreement was signed  December 30th, 2015 not June 1st 2016.  The agreement was for a 12 months period ending December 2016.  On July 27th, 2016 we received relocation proof and cancelled the account the same day.   It's funny that Miss [redacted] relocated in July, yet we have a record of her using her sessions through mid August.  Anyway, Since Miss [redacted] was not using her sessions on a timely basis most of the paid sessions were expired before she relocated.  We are not obligated to refund any money since Miss [redacted] did not use the sessions timely and therefore they have expired.In conclusion since the sessions are expired and were not used timely there is no refund to be issued.Respectfully  Tony S[redacted]

I received and reviewed Miss [redacted] complaint and this is our response.   Miss [redacted] joined our facility back in March 2011 (copy of the membership agreement attached).   Her contract term was for a period of 24 months at a monthly rate of $14.99 per month.  There was...

the initial down payment of $14.99 with 23 payments remaining.   There were only two of the 23 remaining payments made on the account (April and May), before it went to collection for non payment.   According Miss [redacted] complaint, at some point she moved her residence and apparently still within 25 miles of the facility.  We have no record of her move, regardless as she stated, the move was within 25 miles of the facility.  According to Kentucky law, as long as a member relocates within 25 miles of the facility they are under obligation of the contract terms.  This is not our law or our rule; this is mandated by the State of Kentucky.We make a point to specifically explain the terms of the agreement so the member fully understands what they are signing, we feel confident in stating that we have done so in this case.  As far as what happened with the personal trainer it's all she said he said, she never signed up for a personal training membership so there is nothing here for me to address.  This account has been in collection since early 2012 and now this has become an issue for Miss [redacted].  This is a perfect example of someone ignoring their credit, and years later they are trying to buy something and oops this shows up on their credit report.  Now it becomes an issue and the accusations start to come out.In conclusion, once this goes to collection it's pretty much out of our hands.  If the collection reported this debt to the credit bureau, than it cannot be removed.  I imagine if ultimately Miss [redacted] decides to pay the debt it will show as settle, but there is nothing we can for her at this point. Respectfully,Tony S[redacted]

We have tried to explain the member that we are working at several different options for them.  We should have more detail and more clarity within the next couple of days.
 
Thank you.

I have reviewed Miss [redacted] complaint and this is our response.  All of our agreements have a 30 days cancellation notice requirement on it.  So when Miss [redacted] came in to cancel on August 1st we told her  that there will be a final payment due on the account on August 7th.  We have...

honored her cancellation request we just ask that she abides by the agreement and make her final payment due on August 7th. Respectfully, Tony S[redacted]

I have reviewed the complaint and understand the members concerns.  Unfortunately nowhere on the contract it sates that the member joint for certain classes or certain activities.   If the contract or anywhere on the contract stated that the member joint for these specific activities than we would have honor the cancellation request.  This is not the case here.  At this point the contract has been transferred and it's now owned by Crunch.  We no longer have the right to the members account and any further issues should be addressed directly with Crunch.
Respectfully,
Tony S[redacted]

I reviewed the complaint and I'm a little puzzled by it.  Yes our billing company did charged a $20 NSF fee because the payments keep bouncing.  I don't know of any company or banks that does not charge a NSF fee when a payment bounces. Our billing company has made several attempts to...

charge Mr. [redacted] credit card but it keeps coming back do not honor.As a courtesy and for the final time I will have our billing company waive the $20 NSF fee, but I cannot waive the billing fee unless Mr. [redacted]'s account goes back on EFT (that is we get a new credit card on file or set up his payment to come out of his checking account).   It's very simple to avoid these charges in the future, make sure that the payments don't bounce.By the way, if Mr. [redacted] would have gone to the club and speak with the general manager this all complaint could have been avoided. Respectfully, Tony S[redacted]

I'm not sure what to tell you at this point, you can believe what you would like.

I have reviewed [redacted] complaint and this is our response.  First I want to clarify that [redacted] has been talking to our billing company not with Fitworks.  If our billing company was rude to [redacted] I apologize, I will follow up with our billing company and have the recorded...

phone conversation pulled so I can listen to it myself. 
As far as what happened with his account and understand and I aknowledge that our sales person made a mistake and the wrong billing information was set up.  Our billing company has already started the process to refund [redacted] the overcharge.  That amount is $71.30 that will be reinbursed back to [redacted] calculated as follows: 
 Two dues payments of $10.65 each
 Two NSF fees of $20 each
 Two Playland charges of $5 each
Once again I apologize to [redacted] for the error and I hope this satisfactory resolves the issue.
Respectfully,
Tony S[redacted]

I have received and reviewed  Miss [redacted] complaint and I also have attached a copy of her membership agreement. Nothing really complicated here, as stated on her membership agreement the account will roll over to a month to month auto renewal once it expires in February.  As stated on...

her membership agreement all Miss [redacted] needed to do was to notify us in writing that she did not want to renewal and to cancel her membership.   As our billing company (ASF) has told her several times that they do not handle the cancellation and that she needed to do that at the club or send written notification to the office. It's really simple, all she had to do is follow the cancellation procedure on the contract and it would have been handled from the get go.In conclusion I have cancelled Miss [redacted] account effective immediately.Respectfully,Tony S[redacted]

Revdex.com:
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.
Regards,
[redacted]

I have reviewed Mr. [redacted] complaint and this is our response.  On December 2nd Mr. [redacted] signed up an a new agreement for a period of 12 months plus six months free.   On January 1st 2016 we transferred all of the membership agreements to Crunch Fitness.  We notified all of our...

members by email about the change and that we were closing our Florence location.
Crunch Fitness is very comparable to Fitworks from the standpoint of providing similar type of services and we felt that it was the best club that compared to us.  We have the right to transfer our members membership (see item #13 in the back of the attached agreement) to a comparable club as long as it is within 5 miles of the current location (Please see attached copy of the contract). 
In conclusion we feel that we have the right to transfer Mr. [redacted]'s contract to Crunch since it is a comparable club and is within 5 miles of our closed location.  Of course we cannot force Mr. [redacted] to go to Crunch, that is entirely up to him but we will not be offering any refund at this time.
Respectfully,
Tony S[redacted]