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has been a member here since July 2017. All of our members that are on a one year contract sign in multiple places that the contracts roll over into month to month at the end of their year. *** always calls ahead of her auto drafted payment to make her payment over the phone. I (Tonie) have taken the bulk of those payments and she has never inquired about cancelling or how many cycles are left with me. Erin has taken two of her payments and has stated that when they spoke on the 25th it was the first time *** had asked her.

*** then came into the facility to cancel her membership and when she was told there would be a final payment per her contract she flipped out on Erin. Erin then called me (Tonie, I am the manager- not the owner) and handed the phone to ***. I explained to her that I had taken most of her payments (and reminded her that she calls from work and that usually I pay our garbage bill over the phone with her at the same time) and she had never mentioned it to me. She stated Erin had told her she had several cycles left and Erin told her she did not. She then said she had spoken with a guy in the club. I told her we only had one male staff member and he works during the summer. I offered to call him and ask if he remembered speaking with her as there were no staff notes and in her yelling she said "how do you think he is going to remember me". We are a small club with a small staff and we are very member oriented.

We have no staff notes of her ever mentioning wanting to know how many cycles were remaining. In order for that to be the case all 3 of the staff members accused of not giving her the information did not do their job. We are all trained the same and that is highly unlikely.

In addition to that she did say she was not paying her final bill and that she was closing her bank account. At that point I informed her that that is her prerogative but if her final payment does not go through ultimately she would be responsible for the collections process. In her anger and cursing at the desk staff on her way out of the club she did not submit a cancel either. She will continue to be billed until she does so (per her contract) and if she fails to pay her bill it will be assigned to a collection agency.

Per all contracts with the gym written notice is 30 days and requires one final payment. Ms. contract is no different. She refused to initial the spot that states final payment and final day of access. We do not accept partial cancellations. Ms. information has already been passed on to the owner of the company. Since our cancellation policy is the same for every member an exception will not be made for Ms..

PLEASE NOTE: All documentation including signed and initialed membership agreement, account notes, faxes, and email correspondence will be provided upon request for proof of the following. The following summarizes all interactions since May 15th, 2018 with Fit Stop 24 member ***:
Per member account records: *** called our facility on May 15, 2018 and inquired about cancelling. She was told she needed to submit 30 days written notice to cancel and that she had the option to come in and fill out a cancellation form, or she could mail a written letter of cancellation via certified mail to our PO Box. It was documented that she told our staff member she would be in to fill out a cancellation form. *** was also reminded at the end of the conversation to come in as soon as possible to avoid any further late fees or rejection fees and submit her cancellation. Late fees and charges are also clearly stated on the membership agreement, and are signed and initialed acknowledging this.
We received no further contact from *** until June 26, 2018 when we received an email from *** stating she wanted to ensure her membership had been cancelled, that she had called at the end of May stating her desire to cancel her membership, and was charged yet again in June. A staff member responded to her email via telephone and asked to verify if she ever came in to cancel, or if she had only made that phone call. *** stated she made that phone call and gave her 30 days’ notice for her last payment to be May 15th. It was confirmed via our account notes that she did call and was explained her options for written cancellation which were never received. She again responded that she did that over the phone because when she gets off work she can’t come in due to our hours. Our staff member then then politely reminded her that we don’t take cancellation via phone but told her she could fax in her 30 days written notice to cancel, and told her what it needed to say regarding her wish to submit her 30 days written notice to cancel. At that point *** told our staff member she was going to stop payments from her bank, and that she felt she had done her due diligence by calling and sending the email. She was explained again that we only accept cancellation in the three manners stated previously per her written and signed agreement. *** again stated that she felt after the May 15th phone call that she had sufficiently submitted her cancellation. Our staff member explained again the notes left in the account from May by the previous employee had clearly stated we needed cancellation submitted in writing and her options to do so. *** asked to speak to the manager. As the employee confirmed she would make sure management contacted her, she encouraged *** in the mean time to make sure she got her written notice submitted and gave the fax number with a reminder to email or call for confirmation it was received, at which point it was documented Mrs. hung up ending the phone call.
A typed fax (with no signature or stated 30 days written notice) was received on June 26, 2018 after our staffed hours at 7:23 pm. The fax stated that she again wanted to ensure her membership has been cancelled. That she called May 15th and requested it be cancelled. That her work hours prevented her to stop in during staffed hours so she did it over the phone. And that she had cancelled with her last month being May 2015 (I believe to be typo on her part), but was still charged in June 2018. She request an email confirmation that her membership has been cancelled and she would no longer be charged. Again nothing was stated about 30 days’ notice, just request of verification of cancellation.
On Wednesday June 27, 2018 when we reopened, management sent *** an email confirming we received her fax that morning, that per paragraph 11 of her contract we do not accept cancellations via phone and that cancellation is always 30 days’ notice per her contract, reminding her she had until the 15th of the following month to submit her cancellation in the appropriate manners (in person or via certified mail). *** responded via email the same day stating that was not what she was told when she first called and again yesterday. That she will be contacting her bank to stop payment immediately, and that effective immediately wanted her account cancelled.
On June 28th, 2018 management responded via email that she had read through the account notes to clarify what Mrs. had been told by staff on both May 15th and June 26th. Both staff members had given her the appropriate options for cancel and that it was always 30 days written notice to cancel. Staff had given her the third option of faxing in the cancellation due to her work schedule on the 26th clearly stating what the letter needed to say; acknowledging it is 30 days written notice and that she would have one final bill from the date received. Management reminded her she was happy to accept the cancel via fax if again it stated the appropriate request for cancellation, 30 days notice per her contract. She also reminded *** so she could be informed of our default process as to the consequences of rejecting payments, that if dues are not paid the account would be sent to collections. This was a reminder to her per her signed and initialed contract to help her make a fully informed decision as to the next steps she wished to take, not a threat to her personally.
Again on June 28, 2018 *** responded saying she had sent a fax saying to cancel her membership immediately per what she was told to do (per her account notes, she was told it needed to say she was submitting her 30 days written notice). The request to cancel immediately is not a valid request per her contract. 30 days written notice to cancel is required per Exhibit A, Sections 11 and 12 of her contract which was initialed and signed by Mrs.. We have yet to receive this statement but rather a request to cancel immediately which per her contract will not be honored. She states she believes she did exactly what she was supposed to do, but according to our records and emails as well as her original signed and initialed agreement, she has failed to follow most instructions regarding cancellation.
On June 28, 2018 a man stating to be ***’s husband came in to the facility and spoke with management, presented bank statements and asked if we were going to be refunding her. He was told we would not be refunding her and to which he responded that we would be notified within 24-48 hours (we were unclear exactly what this meant). As he is not on the contract or a member of the gym, no further contact or response will be made to him by Fit Stop 24 and as he is not and has never been a member of our facility, and is not a party in the discussed contract, his complaint to the Revdex.com should be dismissed.
FACTS:
-It is document on her account for the date of 5/15/18 that *** was told when she originally called to inquire about cancelling that we do not accept cancelation via phone, and her options are to come in and submit her 30 days written notice of cancelation or mail it certified. *** stated she would be in to fulfill this to staff. This is also a signed and initialed policy on her contract. (A copy of these can be provided upon request)
-*** was told again on June 26th in response to her email asking for confirmation of cancellation that her phone call was insufficient for cancellation, and at this time *** had acknowledged that the only request she had made for cancel at that point was via phone. This again is against all policies, and the signed and initialed agreement. (A copy of these account notes can be provided upon request)
-Being told she was being sent to collections is not a threat, but a reminder that if she chooses to turn off her bank account or if dues are not paid on time for any reason, she will incur rejection fees, late fees, and ultimately it’s her signed responsibility to cover all fees resulting from collections.
-The fax submitted on June 26th requesting immediate cancellation still does not state a request for 30 days’ notice of cancellation per her contract. If stated and honored, it would still put her July 15th dues within that 30 day period and would be legally bound for payment. There is no signature on the fax.
-The person that filed this claim is not, nor has he ever been a member of our facility. His is not a party to any of the referenced documents, and only one small interaction with him as occurred in our facility.
-Section 11 of her initialed and signed contract clearly states: “All cancellations require a written thirty-day notification; no telephone cancellations will be honored.”
It is unfortunate when members misunderstand or mishear the necessary steps to cancel, but all members are also given copies of their contracts when they join for their reference. *** is no exception and could also request a copy of her contract at any time which clearly states her 30 days WRITTEN notice to cancel and that her account would be debited within that time as scheduled. She was given the exact steps to cancel including our employees clearly explaining what her letter needed to state in May and again in June, and Mrs. still only submitted a request for confirmation that her cancellation would be accepted effective immediately which is not a 30 day notice letter, nor was it signed for verification of member submission, of which we could not confirm as it would not be honored. We do not “threaten” members with collections, it’s again just to protect us from members stating they weren’t told this like what is happening regarding this case with cancellation processes. It is clearly stated in their initialed and signed membership agreements on two separate pages that they will accept all collections fees and balances owed. It is also pertinent to explain to members as once we do hand off the file to collections, we are no longer legally allowed to discuss the case with the former member which can be confusing and upsetting if no warning is given to them verbally. No refund will be honored as the communication in May was strictly via phone and the exact options for cancellation were given within 30 days of June 15th’s dues. A fax requesting cancellation verification received June 26, 2018 if honored would still put July 15th’s dues within the 30 day time frame of dues owed.
RESOLUTION: We propose that we will accept the fax dated June 26, 2018 that requests immediate cancellation, as ***’s 30 days’ notice to cancel, with her understanding that her final payment will be auto-drafted July 15, 2018 per her contractual agreement, section 12 “FitStop24 requires 30 days written notice prior to cancelling. Her account will continue to be debited as scheduled until the 30 days have expired.” which she personally initialed when she joined. The member will of course have access to the facility per their contract until August 14, 2018 at which point membership will be terminated. If payment is not submitted on or before July 15, 2018 the file will be handed over to a collections agency.
(Per her signed and initialed membership agreement and Fit Stop 24 policy, 30 days written notice is required to cancel and membership will continue to automatically renew until submitted. That failure to attend does not relieve you of obligation to pay. The initialed and signed agreement also states that should you default on payments that you agree will be sent to a collections agency and agree to pay all costs of collections including your unpaid balance. Section 11 states that all cancellations require a written thirty-day notification, and no telephone cancellations will be honored. A copy of Mrs.’s agreement is on file for proof of acknowledgement. We have attached a sample of our membership agreement for your reference. If copy of her personal contract is requested, we will gladly provide it.)

You absolutely CAN send a certified letter to a PO BOX

http://www.certified-mail-envelopes.com/can-you-send-usps-certified-mail-to-a-po-box/

We receive them on a daily basis.

Kindly,

Tonie Manager