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I.T.C. Manufacturing Group

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Reviews I.T.C. Manufacturing Group

I.T.C. Manufacturing Group Reviews (3815)

Management spoke to member regarding complaint. Member states that he requested to cancel in July 2015.  No record of cancellation and we continued to bill membership.
To resolve issue, we cancelled membership on 6-20-2016 and will process a five month refund back to the [redacted] card on...

file. 
Refunds usually take 7-10 business days to complete. We believe this matter to be resolved. Thank you.

Member purchased personal training services pursuant to a written and fully executed agreement (“Agreement”). The Agreement was for a minimum initial term of 12 months, beginning 9/12/17 (the “Initial Term”). He paid a total of $459.00 up front, which included the enrollment fee, processing fee...

and payment for the first month of personal training services. He further agreed to make 11 more consecutive monthly payments, in the amount of $360.00, beginning 10/12/17, for the remainder of the Initial Term. These terms are clearly outlined on page 1 of the Agreement and he acknowledged his understanding of these billing terms by initialing three separate sections in the Agreement which specifically referred to this payment schedule. His Agreement includes a voluntary cancelation provision, which affords him the option to unilaterally cancel at any time, for any reason, by paying only half of the remaining balance due under the Agreement. This provision is clearly outlined on page 2 of the agreement. In addition, his agreement included a New Client Checklist which outlined key terms, including his acknowledgement that he received and read a copy of his personal training agreement with the initial term of 12 months and the voluntary cancellation provision. This Checklist was reviewed with him at the time of the sale, as acknowledged by his signature and initials on the New Client Checklist (copies of the Agreement and New Client Checklist are included with this response). Thus, under the clear and explicit terms of the Agreement, member is not entitled to a refund or to terminate the Agreement and abandon his contractual obligations (which were very clearly spelled out for him and acknowledged by him) early without a fee. If member no longer wishes to continue with his valid Agreement, LA Fitness will honor the voluntary cancellation provision of the Agreement should he elect to take advantage of it. Otherwise, he should be expected to honor his Agreement as LA Fitness stands ready to provide the services for which he contracted.

Our District Vice President has made several attempts to contact member by phone regarding his concerns. However, his calls and e-mail have not been returned. Our records reflect that member purchased personal training services pursuant to a written and fully executed agreement (“Agreement”). The...

Agreement was for a minimum initial term of 12 months, beginning 6/13/17 (the “Initial Term”). Member paid a total of $344.00 up front, which included the enrollment fee, processing fee and payment for the first month of personal training services. He further agreed to make 11 more consecutive monthly payments, in the amount of $195.00, by EFT (Electronic Funds Transfer) beginning 7/13/17, for the remainder of the Initial Term. These terms are clearly outlined on page 1 of the Agreement and he acknowledged his understanding of these billing terms by initialing three separate sections of the payment schedule section of the Agreement. In addition, his agreement included a New Client Checklist which outlined key terms, including his acknowledgement that he received and read a copy of his personal training agreement with the initial term of 12 months. This Checklist was reviewed with him at the time of the sale, as acknowledged by his signature and initials on the New Client Checklist (copies of the Agreement and New Client Checklist are included with this response). Additionally, member’s personal training services agreement specifically provided him with a 3-day right to cancel if these terms did not match his understanding (or for any reason) for a full refund. However, he did not take advantage of this option within the rescission period. Thus, under the clear and explicit terms of the Agreement, member is not entitled to a refund or to terminate the Agreement and abandon his contractual obligations (which were very clearly spelled out for him and acknowledged by him) early without a fee. If member no longer wishes to continue with his valid Agreement, his Agreement includes a voluntary cancelation provision, which affords him the option to unilaterally cancel at any time, for any reason, by paying only half of the remaining balance due under the Agreement. LA Fitness will honor the voluntary cancellation provision of the Agreement should he elect to take advantage of it. Otherwise, he should be expected to honor his Agreement as LA Fitness stands ready to provide the services for which he contracted.

Management spoke to [redacted] regarding the cancellation of her fitness membership. She indicated she cancelled in January of 2015 and continues to be billed monthly. Our records indicate we have not received a cancellation notice. LA Fitness provides members with the option to cancel at any...

LA Fitness location between the hours of 8 AM-5 PM on Monday through Friday, but we strongly encourage members to send a written cancellation request viacertified mail to ensure return-receipt. Our cancellation policy is not designed to make it difficult for our members to cancel, but to ensure cancellations are handled properly. It was agreed upon to process an immediate cancellation and waive the balance in the amount of $104.85. Member is satisfied. We believe this matter to be resolved. Thank you

Our records indicate a cancellation was received via mail PM 12/22/14. We received no prior requests to cancel. LA Fitness provides the option to cancel at any location between the hours of 8-5 Monday thru Friday and we strongly advise mailing in a cancellation request viacertified mail to ensure return receipt as stated in the agreement. Our cancellation policy is not to make it difficult for our members to cancel but to ensure cancellations are handled properly.No further billings will occur. As a courtesy a one month refund in the amount of 29.99 will be processed back to the [redacted] card.  Should [redacted] provide proof of a prior cancellation further refunds can be discussed.  Thank you.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and find that this resolution...

would be satisfactory to me.  I will wait for the business to perform this action and, if it does, will consider this complaint resolved.
Regards,
[redacted]

Our position has not changed. Member concerns were addressed in our initial response.

Management has made several attempts to contact [redacted] regarding her request to upgrade her Single club monthly membership. Per her request we have honored the upgrade to multi club at no charge. We believe this matter to be resolved. Thank you.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this proposed action would not...

resolve my complaint.  For your reference, details of the offer I reviewed appear below.
 When I made this complaint I only agreed to pay 300To the gym for the services but I want the other 339 dollars back So far I have not heard back from the manager who left the voice Mail 
[redacted]

Revdex.com:I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.First of all, I paid $320 per month not $180.00. I ensured I ask the director of training at the facility that I go, "what will happen with my sessions(24) that I have not used, he stated that "I will be refunded as I would be allowed to do the sessions since its medical reason. This is also stated in the contract "From Contract: ADDITIONAL RIGHTS TO CANCELLATION: You may also cancel this Agreement for any of the following reasons: If upon a doctor’s order, you cannot physically receive the services because of significant physical disability for a period in excess of six months. If you die, your estate shall be relieved of any further obligation for payment under the Agreement not then due and owing.
If you move your residence more than twenty-five (25) miles from any health club operated by seller. If the services cease to be offered as stated in the contract. All monies paid pursuant to such Agreement cancelled for the reasons contained in this subdivision shall be refunded within fifteen (15) days of receipt of such notice of cancellation; provided however that the seller may retain the expenses incurred and the portion of the total price representing the services used or completed, and further provided that the seller may demand the reasonable cost of goods and services which the buyer has consumed or wishes to retain after the cancellation of the Agreement. In no instance shall the seller demand more than the full Agreement price from the buyer. If the buyer has executed any credit or loan agreement to pay for all or part of health club services, any such negotiable instrument executed by the buyer shall also be returned within fifteen (15) days." I used 8 of 32 sessions that I have. 
Please state where in contract that it states that I should not be refunded for sessions not used due to medical reason. This is not a issue I have control over, so is either I will be refunded for my 24 sessions ($960) that I did not used or I will be able to used those sessions once my doctor clear me that I can do intense work out and after I give birth within the next year. I will not be held liable for something I have no control over or breach a contract. Regards,[redacted]

The payment of $160.00 from 11/15/15 representing 4 of the remaining sessions returned declined. LA Fitness will refund $240.00 for the remaining 6 sessions (refund will be applied to the same account used for payment). Please allow 5-7 business days for the refund to post to the account.

Management spoke to [redacted] on 4/16/15 regarding the cancellation of his monthly billed membership due to relocation. At that time a refund in the amount of $29.95 was refunded back to the [redacted] card. Refunds take about 5-7 business days to be refunded. Member is satisfied. Thank you.

There is no provision in member’s personal training agreement that allows her to terminate the agreement early if she moves, regardless of how far it may be from an LA Fitness location. Her agreement does include a voluntary cancelation provision, which affords her the option to unilaterally cancel...

at any time, for any reason, by paying only 50% of the remaining balance due under the agreement. However, LA Fitness is willing to reduce the cancellation fee from 50% down to 33% of the remaining agreement balance. Please note that we are not contractually obligated to provide this remedy, but this is being offered as a customer service consideration for our member. Member may contact her local club or our Member Service department at [redacted] to process payment.

Member’s personal training agreement includes a provision that allows her to terminate the agreement early, without a fee, if she moves further than 25 miles from the club of enrollment and LAF cannot transfer the services to a comparable facility within 5 miles of member’s new residence. Member may...

terminate the agreement by supplying proof of new residence.
As member acknowledges, what she provided previously did not verify relocation. In addition, the cancellation confirmation receipt that she received was for her regular fitness membership, not for her personal training agreement. Thus, regular billing has continued on her personal training agreement in accordance with the terms of that agreement. Nevertheless, our District Operations Manager, [redacted]., has attempted to contact member regarding her concerns. We encourage member to return [redacted] call for further assistance.

Our position has not changed. As outlined in our initial response, the LA Fitness records do not reflect a cancellation request prior to May of 2014 and, if she had cancelled it prior, she would have been provided with a receipt of cancellation, which she does not have.

Our previous response still stands. Our records indicate [redacted] mailed in a cancelation form post marked 2/20/15 and his monthly billed membership has been cancelled. LA Fitness provides members with the option to cancel at any LA Fitness location between the hours of 8 AM-5 PM on Monday through Friday, but we strongly encouragemembers to send a written cancellation request via certified mail to ensure return-receipt. Our cancellation policy is not designed to make it difficultfor our members to cancel, but to ensure cancellations are handled properly.  We believe this matter to be resolved. Thank you.

Management spoke to [redacted] on 10/13/15 regarding the cancellation of his monthly billed membership and the last months dues prepaid. Member was under the impression when he prepaid his last month at the time of joining it would be refunded should he chose to cancel and not utilize the facility....

Member was misinformed regarding last months pre paid dues, however as a courtesy a refund in the amount of $59.43 has been refunded back to the MasterCard. refunds take about 5-7 business days to be refunded. Member is satisfied. Thank you.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
The response indicates that I signed a contract, which I did and I am not disputing. The response did not address verbal contract I had made with the Personal Training Manager. I advised the Training Manager that I cannot afford to sign up for more than three months given my job situation, so how and why would a two year contract be put in front of me? The Personal Training Manager was fully aware of my job situation and acknowledged that I could not sign up for more than three months. We agreed to verbal contract terms which allowed me to cancel after three months, however a two year contract was put in front of me which I cannot afford.  This is fraudulent. If she told me I was signing up for a two year commitment up front, after mentioning I cannot afford such an arrangement, there is no way I would have signed any document. 
Regards,
[redacted]

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.  Revdex.com:I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution would be unsatisfactory to me.    I will wait for the business to review this response and hopefully we can come to some kind of resolution to this complaint.   It appears I must have heard something that led me to believe I could cash this in at anytime or I wouldn't have submitted this complaint.  I sincerely do not remember the mentioning of 7 days that apparently was in the contract to get a refund. .   If LA Fitness is willing to split the cost in half with me I would be happy! I had to move back to my home in Bremerton and there is no LA Fitness in the Bremerton Area (Everett is a ferry ride and more than 2 hours away from Bremerton). So I canceled my membership when I left Everett and guess that the money  I paid for this service is forfeited due to my cancelling.  I asked about the refund and was told to call corporate, which I did to no avail.   I lost my job in Everett and disposable income in September of this Year. I am now living on a pension and bills are really tight. I was hoping to capture this refund so I could buy my 6 Grandchildren Xmas Presents but it appears this will not be the case this year... I believe that the contract must have had the 7 day clause in it just because of LA Fitness's stand on this matter which is a lesson for me. I was hoping they could make an exception in this case based on my input and have some compassion for their customers.  if I could recapture a $100.00 I would be happy and withdraw my complaint. These are good people and professional it just saddens me on this whole issue and apparently misunderstanding...Regards,Disappointed in Bremerton![redacted]

HI [redacted]A manager just spoke to the consumer he is not willing to have a conversation regarding his concerns or interested in discussing anything. His membership has been cancelled since February per him mailing in a cancellation request and one month was automatically refunded. No further refunds are owed. Thank You,**

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