Get Nicked Fitness

As part of the ownership change we posted signage and sent a club wide email explaining that we will no longer be honoring overnight rental lockersThat program has not been in place since April 1, and not one member has paid for that service through our entityAs a courtesy we allowed members to leave their gear in the lockers until our renovationsAt that time we gave everyone a month to clear out their gearAgain, we posted signage at the club and sent another club wide emailFor all of those who did not clear out their gear we placed their stuff in individually marked trash bags that we storedWe kept those on site for another weekIn total, members had months to clear their gear from the lockersI did not receive this particular individual’s complaint until I was contacted by the Revdex.comNonetheless, our position is the sameWe gave ample time for members to clear their gear before renovations started, then again after they were completeI’m not sure why this particular individual felt they still had the service but hadn’t paid anything for monthsAll the gear we collected had layers of dust on them and hadn’t been moved for at least a year.Unfortuantely we will not be offering any compensation for this as we gave more than enough time for members to collect their gear

I will offer a one time payment of $via check to this member in addition to months of free locker rental in which will start next month and be $a monthThat is my final and only offer. I'd like to remind the member that as per her signed and dated membership agreement under article "Lost of stolen property: as a member or guest, I agree to accept full responsibility for all personal belongingGet Fit Davis Sport and its employees shall not be responsible for damaged, lost, or stolen articles of clothing or any other personal property of any member of guest." And under article " Get Fit Davis Sport reserves the right to deny membership to or to revoke membership of any person subject to the laws of the United States and State of California." I have the members signed agreement on my desk for reference***

Thank you for the opportunity to respond to the message from Get ***ed FitnessI am perplexed and surprised by the response
The business stated that it sent a club-wide e-mail indicating that locker rentals would no longer be honoredI do not know whether that e-mail was sent, but I know I did not receive itI also know that the business did not have an e-mail address for me when I reported the loss of the contents of my locker in early OctoberSince I had not provided them with an e-mail address, I'm not sure how they could have e-mailed me. I would be very interested in seeing a copy of the e-mail that the owners state that they sent meFurthermore, I would think that the owners could have looked at the records of locker assignments to figure out who the locker was being used by, and used a US Postal Service mailing to notify members, or notified me and other members when we checked in at the front desk
The owner states that "not one member has paid for that service through our entity"This is not correct - I paid for the service on April when I renewed my membership with the current ownershipMy bank statements with *** * *** *** reflect that on April 2015, I paid $to Get Fit DavisThis charge included $330 for a six month membership at $55/month, and $for a six month locker rentalThis would mean that my locker rental was paid through October which is after the lockers were removedOn April 4, I filled out the paperwork with the owner himself (***)The financial manager, *** ***, was also there, and she and *** discussed the charge for the six month membership and locker renewal
The business also states that all items in the lockers were dustyThis is odd because dust doesn't typically get in lockersIn any event, I last used my equipment in the middle of September, and I know it wasn't dusty at that timeSince it goes in the water, it should have been pretty clean at the time it was removedMy equipment had my name, and I think my phone number on it, so it would have been pretty easy to contact me if there was a question about whether the equipment was in useAlso, there was a binder with the locker assignments in it, so it should have been pretty easy to contact me to notify me that there was a question as to whether I wanted the equipment in the locker I was renting
The owner states that items were placed in individually marked trash bagsPerhaps my equipment is still waiting for me somewhere in such a marked bagThe owner also states that he was unaware of my concern until contacted by the Revdex.comAs stated in my original complaint, on the day that I discovered that the lockers had been removed, I spoke with a helpful employee, ***, who called the owner for instructionThe owner directed him to look for my items in a locked room adjoining the weight roomWe looked in there, but my items were not thereThere were a lot of other peoples items in the bags though, suggesting that I wasn't the only one who hadn't known to remove personal items from the lockers
I assume that the owner intends to behave in an honest and ethical manner, and will have a desire to reimburse me for the items that were discarded during the time I was renting the lockerThis is what I would expect of a responsible businessThe owners current practices do not reflect well on his new business

Revdex.com:
Please see the attached Excel spreadsheet itemizing the lost items and indicating their costFor many items, I have a record of the purchase date and purchase amountFor items where I have no receipt, I have estimated the costPlease note that the purchase cost substantially exceeds the $in my original request.I would be willing to accept $as a settlement if the business a) apologizes for discarding my items, and b) agrees not to retaliate against me for filing this complaint (e.gby trying to terminate my membership in the gym.) Thanks very much for your help in resolving this matter

As part of the ownership change we posted signage and sent a
club wide email explaining that we will no longer be honoring overnight rental
lockers. That program has not been in place since April 1, 2015 and not one
member has paid for that service through our entity. As a courtesy we...

allowed
members to leave their gear in the lockers until our renovations. At that time
we gave everyone a month to clear out their gear. Again, we posted signage at
the club and sent another club wide email. For all of those who did not clear
out their gear we placed their stuff in individually marked trash bags that we
stored. We kept those on site for another week. In total, members had 7 months to
clear their gear from the lockers. I did not receive this particular individual’s
complaint until I was contacted by the Revdex.com. Nonetheless, our position is the
same. We gave ample time for members to clear their gear before renovations
started, then again after they were complete. I’m not sure why this particular
individual felt they still had the service but hadn’t paid anything for 7
months. All the gear we collected had layers of dust on them and hadn’t been
moved for at least a year.Unfortuantely we will not be offering any compensation for this as we gave more than enough time for members to collect their gear.

Review: I have been a member of the [redacted] ([redacted]) for many years. Earlier this year, [redacted] was purchased by a new owner and re-named Get Fit Davis Sport. My membership was transferred, as was my locker rental. I had about $250 worth of personal items in my locker (swim fins, swim paddles, goggles, swim suit, microfiber towels, shampoo, etc.) For personal reasons, I was unable to go to the gym for a period of several weeks at the end of September/early October. In early October 2015 (Friday Oct 9?), I went to the locker room and found that all lockers had been removed, and was told that my items had been discarded. The young lady at the front desk told me that customers had been notified by e-mail that this would occur. However she checked and the business did not even have an email address for me, so clearly had not e-mailed me. Apparently, no attempt was made to notify me by USPS mail or telephone, or to preserve my items. The staff also seemed to be unaware that there was a book listing locker rental assignments by member name. A helpful staff person ([redacted]) called the owner and tried to help me locate my items. He showed me trash bins that had been rummaged through where other members' possessions had been discarded.I asked that the owner contact me to discuss reimbursement for my items. The owner has not attempted to reach out to me, or to reimburse me for my lost items.Desired Settlement: I would like to be reimbursed $250 for the loss of my personal items. I would also like to be reimbursed $2 for my inability to go swimming on the day I visited the gym but was unable to swim because I did not have the personal items that had been discarded.

Business

Response:

As part of the ownership change we posted signage and sent a

club wide email explaining that we will no longer be honoring overnight rental

lockers. That program has not been in place since April 1, 2015 and not one

member has paid for that service through our entity. As a courtesy we allowed

members to leave their gear in the lockers until our renovations. At that time

we gave everyone a month to clear out their gear. Again, we posted signage at

the club and sent another club wide email. For all of those who did not clear

out their gear we placed their stuff in individually marked trash bags that we

stored. We kept those on site for another week. In total, members had 7 months to

clear their gear from the lockers. I did not receive this particular individual’s

complaint until I was contacted by the Revdex.com. Nonetheless, our position is the

same. We gave ample time for members to clear their gear before renovations

started, then again after they were complete. I’m not sure why this particular

individual felt they still had the service but hadn’t paid anything for 7

months. All the gear we collected had layers of dust on them and hadn’t been

moved for at least a year.Unfortuantely we will not be offering any compensation for this as we gave more than enough time for members to collect their gear.

Consumer

Response:

Thank you for the opportunity to respond to the message from Get [redacted]ed Fitness. I am perplexed and surprised by the response.

The business stated that it sent a club-wide e-mail indicating that locker rentals would no longer be honored. I do not know whether that e-mail was sent, but I know I did not receive it. I also know that the business did not have an e-mail address for me when I reported the loss of the contents of my locker in early October. Since I had not provided them with an e-mail address, I'm not sure how they could have e-mailed me. I would be very interested in seeing a copy of the e-mail that the owners state that they sent me. Furthermore, I would think that the owners could have looked at the records of locker assignments to figure out who the locker was being used by, and used a US Postal Service mailing to notify members, or notified me and other members when we checked in at the front desk.

The owner states that "not one member has paid for that service through our entity". This is not correct - I paid for the service on April 4 when I renewed my membership with the current ownership. My bank statements with [redacted] reflect that on April 4 2015, I paid $360 to Get Fit Davis. This charge included $330 for a six month membership at $55/month, and $30 for a six month locker rental. This would mean that my locker rental was paid through October 4 which is after the lockers were removed. On April 4, I filled out the paperwork with the owner himself ([redacted]). The financial manager, [redacted], was also there, and she and [redacted] discussed the charge for the six month membership and locker renewal.

The business also states that all items in the lockers were dusty. This is odd because dust doesn't typically get in lockers. In any event, I last used my equipment in the middle of September, and I know it wasn't dusty at that time. Since it goes in the water, it should have been pretty clean at the time it was removed. My equipment had my name, and I think my phone number on it, so it would have been pretty easy to contact me if there was a question about whether the equipment was in use. Also, there was a binder with the locker assignments in it, so it should have been pretty easy to contact me to notify me that there was a question as to whether I wanted the equipment in the locker I was renting.

The owner states that items were placed in individually marked trash bags. Perhaps my equipment is still waiting for me somewhere in such a marked bag. The owner also states that he was unaware of my concern until contacted by the Revdex.com. As stated in my original complaint, on the day that I discovered that the lockers had been removed, I spoke with a helpful employee, [redacted], who called the owner for instruction. The owner directed him to look for my items in a locked room adjoining the weight room. We looked in there, but my items were not there. There were a lot of other peoples items in the bags though, suggesting that I wasn't the only one who hadn't known to remove personal items from the lockers.

I assume that the owner intends to behave in an honest and ethical manner, and will have a desire to reimburse me for the items that were discarded during the time I was renting the locker. This is what I would expect of a responsible business. The owners current practices do not reflect well on his new business.

Consumer

Response:

Please see the attached Excel spreadsheet itemizing the lost items and indicating their cost. For many items, I have a record of the purchase date and purchase amount. For items where I have no receipt, I have estimated the cost. Please note that the purchase cost substantially exceeds the $250 in my original request.I would be willing to accept $220 as a settlement if the business a) apologizes for discarding my items, and b) agrees not to retaliate against me for filing this complaint (e.g. by trying to terminate my membership in the gym.) Thanks very much for your help in resolving this matter.

Business

Response:

I will offer a one time payment of $100 via check to this member in addition to 6 months of free locker rental in 2016 which will start next month and be $10 a month. That is my final and only offer. I'd like to remind the member that as per her signed and dated membership agreement under article 11 "Lost of stolen property: as a member or guest, I agree to accept full responsibility for all personal belonging. Get Fit Davis Sport and its employees shall not be responsible for damaged, lost, or stolen articles of clothing or any other personal property of any member of guest." And under article 8 " Get Fit Davis Sport reserves the right to deny membership to or to revoke membership of any person subject to the laws of the United States and State of California." I have the members signed agreement on my desk for reference. [redacted]