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 12/15/15 (the “Initial Term”). Member paid a total of $250.00 up front, which included the enrollment fee and payment...
for the first month of personal training sessions.
Member further agreed to make 11 more payments, in the amount of $200.00 each, every month, beginning 1/15/16, for the remainder of the Initial Term. These terms are clearly and conspicuously set forth on page 1 of her agreement and she acknowledged her understanding of these billing terms by initialing the three separate sections of the payment schedule section of the Agreement. Member’s personal training agreement also includes a voluntary cancelation provision, which affords her 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 her Agreement. In addition, her Agreement included a New Client Checklist which outlined key terms, including her acknowledgement that she received and read a copy of her personal training agreement with the initial term of 12 months and the voluntary cancellation provision. This Checklist was reviewed with her at the time of the sale, as acknowledged by her initials and signature on the New Client Checklist (copies of the Agreement and New Client Checklist are included with this response). Member’s personal training services agreement specifically provided her with a 10 day right to cancel if these terms did not match her understanding (or for any reason) simply by submitting a written notice of cancellation and she would receive a full refund.
However, she did not exercise this option within the rescission period. Thus, under the clear and explicit terms of the Agreement, she is not entitled to terminate the Agreement and abandon her contractual obligations early without a fee. LA Fitness will honor the voluntary cancellation provision in her Agreement should she elect to take advantage of it. Otherwise, member should be expected to honor her Agreement as LA Fitness stands ready to provide the services for which she contracted.
Member’s personal training agreement includes 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. She has not paid such a fee to terminate her agreement early. Thus,...
billing has continued in accordance with terms of member’s agreement. LA Fitness will honor the voluntary cancellation provision of member’s agreement should she elect to take advantage of it. Otherwise, member should be expected to honor her personal training services agreement as LA Fitness stands ready to provide the services for which she contracted
Management contacted member regarding his complaint. Member is upset with the excessive phone calls regarding his outstanding balance. Management as a courtsey waived April payment $29.99 as a customer consideration. We believe this matter to be resolved.
Management spoke with Mr. [redacted] regarding his concerns. We informed him that his membership was already cancelled and will waive the $29.99 balance on file. We believe this matter to be resolved and Mr. [redacted] satisfied with the resolution. Thank you.
As outlined in our initial response, LA Fitness last charged member on 12/22/14 in the amount of $394.20. The charged was refunded on 1/1/15. There were no further charges after 12/22/14. Perhaps member is mistaking the refund that we processed as a charge to his account. We encourage him to contact his bank for clarification.
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]
LA Fitness cancelled member's personal training agreement with no further billing or obligation and processed a refund in the amount of $560.00 (refund applied to the same account used for payment).
Please allow 5-7 business days for the refund to post to member's account.
Member purchased personal training services pursuant to a written and fully executed agreement. The agreement was for a minimum initial term of 12 months, beginning 6/16/15 (the “Initial Term”). Member paid a total of $299.00 up front, which included the processing fee and payment for the first...
month of personal training sessions. Member further agreed to make 11 more payments, in the amount of $200.00 each, through “EFT” (Electronic Funds Transfer) every month, beginning 7/16/15, for the remainder of the Initial Term. These terms are clearly and conspicuously set forth on page 1 of her agreement and she acknowledged her understanding of these billing terms by initialing the three separate sections outlining the payment schedule. Member’s personal training agreement includes a voluntary cancelation provision, which affords her 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 her agreement. In addition, her agreement included a New Client Checklist which outlined key terms, including her acknowledgement that she received and read a copy of her personal training agreement, the initial term of 12 months and the voluntary cancelation provision. This Checklist was reviewed with her at the time of the sale, as acknowledged by her signature on the New Client Checklist. It should also be noted that, after signing and initialing digitally on a signature pad, a hard copy of the agreement was printed, reviewed with member once again and she initialed next to her signature and initials on the hard copy as well (copies of the digital agreement and hard copy are included with this response). Member’s personal training services agreement specifically provided her with a 10 day right to cancel if these terms did not match her understanding (or for any reason) for a full refund. However, she did not take advantage of this option within the rescission period. Thus, under the clear and explicit terms of the Agreement, she is not entitled to a refund or to terminate the agreement and abandon her contractual obligations early without a fee. LA Fitness will honor the voluntary cancellation provision of member’s personal training agreement should she elect to take advantage of it. Otherwise, she should be expected to honor her agreement as LA Fitness stands ready to provide the services for which she contracted.
Our records reflect that [redacted] purchased personal training services pursuant to a written and fully executed agreement. The agreement was for a minimum initial term of 52 weeks, beginning 5/15/14 (the “Initial Term”). She paid a total of $360.00 up front, which included the enrollment...
fee, processing fee and payment for the first four weeks of personal training sessions. She further agreed to make 12 more payments, in the amount of $260.00 each, every four weeks, beginning 6/12/14, for the remainder of the Initial Term. There is no provision in member’s personal training agreement that entitles her to terminate the agreement early if she moves. Thus, member is not entitled to terminate the agreement early for this reason. However, rather than force our members to complete the entire term of their commitment if their circumstances change, LA Fitness includes a voluntary cancelation provision which affords our members 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 in her personal training agreement should she elect to take advantage of it. Otherwise, member should be expected to honor the remaining term of her personal training agreement.
Member paid $355.95 up front. He used 2 sessions at a rate of $60.00 per session for a total of $126.00 (with tax) prior to cancellation. He was refunded the difference of $229.95. Member is not entitled to a refund for services rendered.
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.
---------- Forwarded message ----------From:[redacted]Date: Mon, Apr 18, 2016 at 6:30 PMSubject: RE: You have a new message from the Revdex.comTo: [redacted]
Hi
The merchant didn’t successfully addressed the specific points raised on our rebuttal.
Regards
[redacted]
[redacted]
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.
Dear Revdex.com representative,
On 2/8 I filed complaint[redacted]. LA fitness responded and the issue has been resolved. They removed the monthly charges and restored my husband’s multi-club, multi-state membership. You may close the file.
Management spoke to [redacted] regarding the incident that occurred with an employee at our [redacted] location. We apologize for the incident that occurred and the issues have been addressed accordingly with staff. [redacted] is satisfied with the follow up. No further action will be...
Management contacted [redacted] regarding the cancellation of his monthly dues membership and his frustration with staff at the local club. [redacted] stated he attempted to cancel via telephone and email. These are not acceptable forms of cancellation and as a result, no such cancellation was...
processed. The history on [redacted] account reflects that he was advised by telephone of the accepted cancellation procedures. LA Fitness provides members with the option to cancel their membership at any location between the hours of 9AM-5PM Monday through Friday, but we strongly advise that member's mail in a written cancellation request via certified mail to ensure return-receipt.
This cancellation policy is not designed to make it difficult for our members to cancel, but rather to ensure cancellations are handled properly. [redacted] cancellation was processed on 11/15/2016 based on his in person request at the [redacted] location. [redacted] final billing was 11/10/2016, which was prior to his cancellation request, so a refund is not warranted in this case.
Nevertheless, our District Operations Manager offered to accept the email [redacted] states he sent to customer service on 10/25/2016 as the effective cancellation date. Additionally, we offered to refund $29.95. [redacted] declined our resolution offers. Should he decide to accept the resolution offers, we encourage him to contact us so we can move forward with processing the adjustments. We believe this to be a fair and reasonable resolution. Thank you.
Management spoke with Mr. [redacted] regarding his concerns. As a customer consideration, Management cancelled his monthly dues membership and refunded the last two months. Refunds typically, could take up to 5-7 business days to complete and will go back to the [redacted] card on file. We believe this matter...
Effective November 20, 2015, Fitness & Sports Clubs, LLC (a wholly owned subsidiary of Fitness International, LLC), doing business as LA Fitness (“LA Fitness”), purchased certain club assets related to 24 Hour Fitness clubs and acquired certain membership agreements. [redacted] membership was one of those memberships.
Thus, His agreement and billing information were not obtained unlawfully. As [redacted] acknowledges, his membership was on a freeze status at the time of the acquisition. Accordingly, he was not billed for any monthly dues. What he was billed for was the annual fee of $39.99 that he agreed to pay when he purchased his membership with 24 Hour Fitness. There was no mistake. Nevertheless, as requested by [redacted] in his original complaint, a courtesy was extended to cancel the memberships and a refund was completed back to the [redacted] Card in the amount of $79.98. [redacted] requested no additional contact during his conversation with management.
However, should [redacted] have any additional concerns he has direct contact information and, if needed, we would be happy to assist him. Thank you.
LA Fitness provides members with the option to cancel their membership at any location between the hours of 9AM-5PM Monday through Friday, but we strongly advise that member’s mail in a written cancellation request via certified mail to ensure return-receipt. This cancellation policy is not designed...
to make it difficult for our members to cancel, but rather to ensure cancellations are handled properly. Our records do not reflect receipt of such a cancellation request let alone any of the attempts that member claims she and her husband made. Nevertheless, as a result of the disputed charges, LA Fitness cancelled her personal training membership due to non-payment on 4/20/17. However, a refund is simply not due in this case.
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.
I decline your response because your company is responsible and I will not settle for you working with Law enforcement because they don't care and their are no leads. Please stop saying that so I need your company to replace my personal belongings that were stolen and take responsibility, you didn't send the thief but it happen on your property. It will cost you a lot less to replace my items than to pay your attorney court cost to see me in court. I'm not settling for your response. If your working with law enforcement please tell me what it is that you have done so far ? thank you
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.
Regards,
[redacted]
The refund was processed on 10/23/15 and should be back on member's account as of the time of this response.
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 12/15/15 (the “Initial Term”). Member paid a total of $250.00 up front, which included the enrollment fee and payment...
for the first month of personal training sessions.
Member further agreed to make 11 more payments, in the amount of $200.00 each, every month, beginning 1/15/16, for the remainder of the Initial Term. These terms are clearly and conspicuously set forth on page 1 of her agreement and she acknowledged her understanding of these billing terms by initialing the three separate sections of the payment schedule section of the Agreement. Member’s personal training agreement also includes a voluntary cancelation provision, which affords her 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 her Agreement. In addition, her Agreement included a New Client Checklist which outlined key terms, including her acknowledgement that she received and read a copy of her personal training agreement with the initial term of 12 months and the voluntary cancellation provision. This Checklist was reviewed with her at the time of the sale, as acknowledged by her initials and signature on the New Client Checklist (copies of the Agreement and New Client Checklist are included with this response). Member’s personal training services agreement specifically provided her with a 10 day right to cancel if these terms did not match her understanding (or for any reason) simply by submitting a written notice of cancellation and she would receive a full refund.
However, she did not exercise this option within the rescission period. Thus, under the clear and explicit terms of the Agreement, she is not entitled to terminate the Agreement and abandon her contractual obligations early without a fee. LA Fitness will honor the voluntary cancellation provision in her Agreement should she elect to take advantage of it. Otherwise, member should be expected to honor her Agreement as LA Fitness stands ready to provide the services for which she contracted.
Member’s personal training agreement includes 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. She has not paid such a fee to terminate her agreement early. Thus,...
billing has continued in accordance with terms of member’s agreement. LA Fitness will honor the voluntary cancellation provision of member’s agreement should she elect to take advantage of it. Otherwise, member should be expected to honor her personal training services agreement as LA Fitness stands ready to provide the services for which she contracted
Management contacted member regarding his complaint. Member is upset with the excessive phone calls regarding his outstanding balance. Management as a courtsey waived April payment $29.99 as a customer consideration. We believe this matter to be resolved.
Management spoke with Mr. [redacted] regarding his concerns. We informed him that his membership was already cancelled and will waive the $29.99 balance on file. We believe this matter to be resolved and Mr. [redacted] satisfied with the resolution. Thank you.
As outlined in our initial response, LA Fitness last charged member on 12/22/14 in the amount of $394.20. The charged was refunded on 1/1/15. There were no further charges after 12/22/14. Perhaps member is mistaking the refund that we processed as a charge to his account. We encourage him to contact his bank for clarification.
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]
LA Fitness cancelled member's personal training agreement with no further billing or obligation and processed a refund in the amount of $560.00 (refund applied to the same account used for payment).
Please allow 5-7 business days for the refund to post to member's account.
Member purchased personal training services pursuant to a written and fully executed agreement. The agreement was for a minimum initial term of 12 months, beginning 6/16/15 (the “Initial Term”). Member paid a total of $299.00 up front, which included the processing fee and payment for the first...
month of personal training sessions. Member further agreed to make 11 more payments, in the amount of $200.00 each, through “EFT” (Electronic Funds Transfer) every month, beginning 7/16/15, for the remainder of the Initial Term. These terms are clearly and conspicuously set forth on page 1 of her agreement and she acknowledged her understanding of these billing terms by initialing the three separate sections outlining the payment schedule. Member’s personal training agreement includes a voluntary cancelation provision, which affords her 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 her agreement. In addition, her agreement included a New Client Checklist which outlined key terms, including her acknowledgement that she received and read a copy of her personal training agreement, the initial term of 12 months and the voluntary cancelation provision. This Checklist was reviewed with her at the time of the sale, as acknowledged by her signature on the New Client Checklist. It should also be noted that, after signing and initialing digitally on a signature pad, a hard copy of the agreement was printed, reviewed with member once again and she initialed next to her signature and initials on the hard copy as well (copies of the digital agreement and hard copy are included with this response). Member’s personal training services agreement specifically provided her with a 10 day right to cancel if these terms did not match her understanding (or for any reason) for a full refund. However, she did not take advantage of this option within the rescission period. Thus, under the clear and explicit terms of the Agreement, she is not entitled to a refund or to terminate the agreement and abandon her contractual obligations early without a fee. LA Fitness will honor the voluntary cancellation provision of member’s personal training agreement should she elect to take advantage of it. Otherwise, she should be expected to honor her agreement as LA Fitness stands ready to provide the services for which she contracted.
Our records reflect that [redacted] purchased personal training services pursuant to a written and fully executed agreement. The agreement was for a minimum initial term of 52 weeks, beginning 5/15/14 (the “Initial Term”). She paid a total of $360.00 up front, which included the enrollment...
fee, processing fee and payment for the first four weeks of personal training sessions. She further agreed to make 12 more payments, in the amount of $260.00 each, every four weeks, beginning 6/12/14, for the remainder of the Initial Term. There is no provision in member’s personal training agreement that entitles her to terminate the agreement early if she moves. Thus, member is not entitled to terminate the agreement early for this reason. However, rather than force our members to complete the entire term of their commitment if their circumstances change, LA Fitness includes a voluntary cancelation provision which affords our members 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 in her personal training agreement should she elect to take advantage of it. Otherwise, member should be expected to honor the remaining term of her personal training agreement.
Member paid $355.95 up front. He used 2 sessions at a rate of $60.00 per session for a total of $126.00 (with tax) prior to cancellation. He was refunded the difference of $229.95. Member is not entitled to a refund for services rendered.
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.
---------- Forwarded message ----------From:[redacted]Date: Mon, Apr 18, 2016 at 6:30 PMSubject: RE: You have a new message from the Revdex.comTo: [redacted]
Hi
The merchant didn’t successfully addressed the specific points raised on our rebuttal.
Regards
[redacted]
[redacted]
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.
Dear Revdex.com representative,
On 2/8 I filed complaint[redacted]. LA fitness responded and the issue has been resolved. They removed the monthly charges and restored my husband’s multi-club, multi-state membership. You may close the file.
Sincerely,
[redacted]
Management spoke to [redacted] regarding the incident that occurred with an employee at our [redacted] location. We apologize for the incident that occurred and the issues have been addressed accordingly with staff. [redacted] is satisfied with the follow up. No further action will be...
taken. Thank you
Management contacted [redacted] regarding the cancellation of his monthly dues membership and his frustration with staff at the local club. [redacted] stated he attempted to cancel via telephone and email. These are not acceptable forms of cancellation and as a result, no such cancellation was...
processed. The history on [redacted] account reflects that he was advised by telephone of the accepted cancellation procedures. LA Fitness provides members with the option to cancel their membership at any location between the hours of 9AM-5PM Monday through Friday, but we strongly advise that member's mail in a written cancellation request via certified mail to ensure return-receipt.
This cancellation policy is not designed to make it difficult for our members to cancel, but rather to ensure cancellations are handled properly. [redacted] cancellation was processed on 11/15/2016 based on his in person request at the [redacted] location. [redacted] final billing was 11/10/2016, which was prior to his cancellation request, so a refund is not warranted in this case.
Nevertheless, our District Operations Manager offered to accept the email [redacted] states he sent to customer service on 10/25/2016 as the effective cancellation date. Additionally, we offered to refund $29.95. [redacted] declined our resolution offers. Should he decide to accept the resolution offers, we encourage him to contact us so we can move forward with processing the adjustments. We believe this to be a fair and reasonable resolution. Thank you.
Management spoke with Mr. [redacted] regarding his concerns. As a customer consideration, Management cancelled his monthly dues membership and refunded the last two months. Refunds typically, could take up to 5-7 business days to complete and will go back to the [redacted] card on file. We believe this matter...
to be resolved. Thank you.
Effective November 20, 2015, Fitness & Sports Clubs, LLC (a wholly owned subsidiary of Fitness International, LLC), doing business as LA Fitness (“LA Fitness”), purchased certain club assets related to 24 Hour Fitness clubs and acquired certain membership agreements. [redacted] membership was one of those memberships.
Thus, His agreement and billing information were not obtained unlawfully. As [redacted] acknowledges, his membership was on a freeze status at the time of the acquisition. Accordingly, he was not billed for any monthly dues. What he was billed for was the annual fee of $39.99 that he agreed to pay when he purchased his membership with 24 Hour Fitness. There was no mistake. Nevertheless, as requested by [redacted] in his original complaint, a courtesy was extended to cancel the memberships and a refund was completed back to the [redacted] Card in the amount of $79.98. [redacted] requested no additional contact during his conversation with management.
However, should [redacted] have any additional concerns he has direct contact information and, if needed, we would be happy to assist him. Thank you.
LA Fitness provides members with the option to cancel their membership at any location between the hours of 9AM-5PM Monday through Friday, but we strongly advise that member’s mail in a written cancellation request via certified mail to ensure return-receipt. This cancellation policy is not designed...
to make it difficult for our members to cancel, but rather to ensure cancellations are handled properly. Our records do not reflect receipt of such a cancellation request let alone any of the attempts that member claims she and her husband made. Nevertheless, as a result of the disputed charges, LA Fitness cancelled her personal training membership due to non-payment on 4/20/17. However, a refund is simply not due in this case.
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.
I decline your response because your company is responsible and I will not settle for you working with Law enforcement because they don't care and their are no leads. Please stop saying that so I need your company to replace my personal belongings that were stolen and take responsibility, you didn't send the thief but it happen on your property. It will cost you a lot less to replace my items than to pay your attorney court cost to see me in court. I'm not settling for your response. If your working with law enforcement please tell me what it is that you have done so far ? thank you
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.
Regards,
[redacted]