Management has processed a cancelation for all remaining members per [redacted] request. A refund in the amount of $59.40 has been refunded back to the [redacted] card on file. Refunds take about 5-7 business days to be refunded. We believe this issue 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.
The resolution favors only the business. I have already paid for two months for services I have not used. That was $320. The gym is still not open and they want another $720!
Regards,
[redacted]
LA Fitness processed refunds in the amount of $875.20 for the additional 2 months that were charged (refund applied to the same account used for payment).
The regular fitness membership and the personal training services are two separate memberships with separate membership agreements. The regular fitness membership member purchased was a month to month agreement that allowed him to cancel at any time. However, member committed to a minimum initial term of 12 months for personal training services, as outlined in our initial response. Member is not entitled to a refund.
LA Fitness contacted member regarding her concerns. Member understands that her remaining sessions have expired in accordance with the terms of her personal training agreement. However, we have added 20 complimentary training sessions for her to use between now and 6/1/15.
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. Business has perform this action and I will consider this complaint resolved.
Thank-You,
[redacted]
Member purchased personal training services pursuant to a written and fully executed agreement. The agreement was for a minimum initial term of 52 weeks, beginning 11/24/14 (the “Initial Term”). She paid a total of $299.00 up front, which included the 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 $200.00 each, every four weeks, beginning 12/22/14, for the remainder of the Initial Term. These terms are clearly outlined on page 1 of her agreement and she acknowledged her understanding of these billing terms by initialing three separate sections of the payment schedule outlining these terms. 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 50% 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 52 weeks 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 (copies of the agreement and New Client Checklist are included with this response). Her 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 refund. However, she did not take advantage of this option within the rescission period. Thus, she is not entitled to terminate the agreement early without a fee. It should also be noted that we offered to reduce the cancellation fee from 50% down to 33% of the remaining agreement balance. We were not contractually obligated to do so, but this was done as a customer service consideration for our member. However, she hasn’t taken advantage of the offer as of the time of this response. LA Fitness remains willing to honor the reduced cancellation fee 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.
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.
From:[redacted]Date: Fri, Jun 24, 2016 at 11:28 AMSubject: Re: You have a new message from the Revdex.com [redacted]To: Revdex.com[redacted]
Good day,
Please reopen the above mentioned complaint, as the business has not complied as indicated they would. I have made two-three follow up calls getting nowhere.
Thanks,
[redacted]
Management contacted [redacted] on 1/23/15 in regards to her concerns with the length of her monthly billed membership and what was discussed at point of sale. As a result an immediate cancellation has been processed effective 1/23/15 and a refund in the amount of $109.39 has...
beenrefunded back to the [redacted] card on file. Refunds take about 5-7 business days to be refunded and no further billing will occur. Thank you.
Our previous response still stands. [redacted] phone number has been removed. We apologize for any inconvenience this may have caused. We believe this matter to be resolved. Thank you
LA Fitness processed a refund in the amount of $1,260.00 (refund applied to the same account used for payment). Please allow 5-7 business days for the refund to post to member's account.
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 spoke with AND emailed representatives from LA Fitness, they are liars!
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.We would like assistance from the Revdex.com to resolve this issue. LA fitness is offering 1 year membership = $240. This in addition to the $185 credit that they have processed still leaves us out $1255.00.
Can you please assist in the resolution of this matter.
Regards,[redacted]
Members were relocated to our [redacted] location when our [redacted] location closed. It is 5 miles from the [redacted] Thus, member is not entitled to a refund or to terminate the agreement and abandon her contractual obligations early without a fee....
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. If member no longer wishes to continue with her valid agreement, LA Fitness will honor the voluntary cancellation provision in her 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.
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. The business has already performed this action and, I now consider this complaint resolved.
Regards,
[redacted]
Members each purchased personal training services pursuant to written and fully executed agreements (“Agreements”). The Agreements entitle members to personal training sessions, working with a personal trainer one on one. However, the 6 am classes that members reference are free boot camp classes...
hosted by our sales staff that are available for any member to attend. They have not actually worked with or scheduled any sessions with a personal trainer yet. The terms of the Agreements have not changed. LA Fitness has offered to assist members in scheduling their sessions with personal trainers but they have refused to schedule any sessions. Failure to use the service does not entitle members to terminate the Agreements and abandon their contractual obligations early without a fee. If members no longer wish to continue with their valid Agreements, the Agreements include a voluntary cancelation provision, which affords them the option to unilaterally cancel at any time, for any reason, by paying only half of the remaining balance due under the Agreements. LA Fitness will honor this cancellation provision of the Agreements should they elect to take advantage of it. Otherwise, members should be expected to honor their Agreements as LA Fitness stands ready to provide the services for which they contracted.
Our Membership Policies and Club Rules and Regulations,
which are part of the membership agreement signed by Mr. [redacted], clearly state
that no Member or guest may coach or train other Members or guests (as solely
determined by LA Fitness). Members may not engage in any business...
or
enterprise while at the LA Fitness clubs. Like most health clubs, LA Fitness does not
permit its members to provide personal training services to other members, as
it creates a conflict of interest and utilizes our equipment and space to
compete against us. Prior to taking the step of revoking Mr. [redacted]’s
membership, this policy was explained to Mr. [redacted]. He was given
warnings and an opportunity to cease these types of activity. However,
Mr. [redacted] chose to ignore these warnings. Thus, after an investigation
and a discussion with Mr. [redacted] on October 06, 2014 it was determined
necessary to discontinue his membership privileges. The decision to revoke a
membership is never taken lightly, but found to be necessary in this case.
Notably, the LA Fitness membership agreement affords us the right to cancel a
membership at any time for any reason, so there has been no violation of his
contractual rights. Accordingly, for the reasons summarized above, we are
simply choosing to exercise this right pursuant to his membership agreement. An
immediate cancellation has been processed and a refund in the amount of $59.98
was refunded on 10/9/14 back to the Visa card. Refunds take about 5-7 business
days to be refunded back. Thank you.
Management has made several attempts to contact [redacted] at the phone number provided to discuss her concerns that occurred during her time of joining at our gym. We have yet to receive a return call. Should [redacted] like to resolve this issue we encourage her to return our call or contact her local gym. Thank you.
After researching [redacted] claims, it is clear that in addition to the fully executed agreement (including a New Client Checklist that acknowledges she received a copy and reviewed all of the terms) it has been confirmed that Personal Training services were scheduled and used by [redacted].
Account history also reflects that she contacted our Customer Service department previously to discuss her options regarding a medical cancellation. At that time she was reminded of the Voluntary Cancelation provision which allows a member to cancel at any time, for any reason, by paying only half of the remaining balance due under the Agreement. [redacted] elected not to take advantage of this provision, so the billing continued pursuant to the terms of the contract. It is LA Fitness’ policy and practice to provide our members with a complete copy of their agreement at the time of enrollment.
A copy of the Agreement was also included in the Purchase Confirmation e-mail she received at the time of purchase. Her Personal Training agreement has since defaulted due to non-payment, nevertheless LA Fitness will agree to release her from the original contracted term and waive the current balance of $610. Additionally, LA Fitness will not pursue her for the outstanding balance of $1,200 owed to satisfy the contracted term, but a refund is simply not warranted in this case. We believe this to be a fair and reasonable resolution to this issue.
Management has processed a cancelation for all remaining members per [redacted] request. A refund in the amount of $59.40 has been refunded back to the [redacted] card on file. Refunds take about 5-7 business days to be refunded. We believe this issue 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.
The resolution favors only the business. I have already paid for two months for services I have not used. That was $320. The gym is still not open and they want another $720!
Regards,
[redacted]
LA Fitness processed refunds in the amount of $875.20 for the additional 2 months that were charged (refund applied to the same account used for payment).
The regular fitness membership and the personal training services are two separate memberships with separate membership agreements. The regular fitness membership member purchased was a month to month agreement that allowed him to cancel at any time. However, member committed to a minimum initial term of 12 months for personal training services, as outlined in our initial response. Member is not entitled to a refund.
LA Fitness contacted member regarding her concerns. Member understands that her remaining sessions have expired in accordance with the terms of her personal training agreement. However, we have added 20 complimentary training sessions for her to use between now and 6/1/15.
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. Business has perform this action and I will consider this complaint resolved.
Thank-You,
[redacted]
Member purchased personal training services pursuant to a written and fully executed agreement. The agreement was for a minimum initial term of 52 weeks, beginning 11/24/14 (the “Initial Term”). She paid a total of $299.00 up front, which included the 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 $200.00 each, every four weeks, beginning 12/22/14, for the remainder of the Initial Term. These terms are clearly outlined on page 1 of her agreement and she acknowledged her understanding of these billing terms by initialing three separate sections of the payment schedule outlining these terms. 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 50% 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 52 weeks 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 (copies of the agreement and New Client Checklist are included with this response). Her 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 refund. However, she did not take advantage of this option within the rescission period. Thus, she is not entitled to terminate the agreement early without a fee. It should also be noted that we offered to reduce the cancellation fee from 50% down to 33% of the remaining agreement balance. We were not contractually obligated to do so, but this was done as a customer service consideration for our member. However, she hasn’t taken advantage of the offer as of the time of this response. LA Fitness remains willing to honor the reduced cancellation fee 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.
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.
From:[redacted]Date: Fri, Jun 24, 2016 at 11:28 AMSubject: Re: You have a new message from the Revdex.com [redacted]To: Revdex.com[redacted]
Good day,
Please reopen the above mentioned complaint, as the business has not complied as indicated they would. I have made two-three follow up calls getting nowhere.
Thanks,
[redacted]
Management contacted [redacted] on 1/23/15 in regards to her concerns with the length of her monthly billed membership and what was discussed at point of sale. As a result an immediate cancellation has been processed effective 1/23/15 and a refund in the amount of $109.39 has...
beenrefunded back to the [redacted] card on file. Refunds take about 5-7 business days to be refunded and no further billing will occur. Thank you.
Our previous response still stands. [redacted] phone number has been removed. We apologize for any inconvenience this may have caused. We believe this matter to be resolved. Thank you
LA Fitness processed a refund in the amount of $1,260.00 (refund applied to the same account used for payment). Please allow 5-7 business days for the refund to post to member's account.
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 spoke with AND emailed representatives from LA Fitness, they are liars!
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.We would like assistance from the Revdex.com to resolve this issue. LA fitness is offering 1 year membership = $240. This in addition to the $185 credit that they have processed still leaves us out $1255.00.
Can you please assist in the resolution of this matter.
Regards,[redacted]
Members were relocated to our [redacted] location when our [redacted] location closed. It is 5 miles from the [redacted] Thus, member is not entitled to a refund or to terminate the agreement and abandon her contractual obligations early without a fee....
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. If member no longer wishes to continue with her valid agreement, LA Fitness will honor the voluntary cancellation provision in her 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.
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. The business has already performed this action and, I now consider this complaint resolved.
Regards,
[redacted]
Members each purchased personal training services pursuant to written and fully executed agreements (“Agreements”). The Agreements entitle members to personal training sessions, working with a personal trainer one on one. However, the 6 am classes that members reference are free boot camp classes...
hosted by our sales staff that are available for any member to attend. They have not actually worked with or scheduled any sessions with a personal trainer yet. The terms of the Agreements have not changed. LA Fitness has offered to assist members in scheduling their sessions with personal trainers but they have refused to schedule any sessions. Failure to use the service does not entitle members to terminate the Agreements and abandon their contractual obligations early without a fee. If members no longer wish to continue with their valid Agreements, the Agreements include a voluntary cancelation provision, which affords them the option to unilaterally cancel at any time, for any reason, by paying only half of the remaining balance due under the Agreements. LA Fitness will honor this cancellation provision of the Agreements should they elect to take advantage of it. Otherwise, members should be expected to honor their Agreements as LA Fitness stands ready to provide the services for which they contracted.
Our Membership Policies and Club Rules and Regulations,
which are part of the membership agreement signed by Mr. [redacted], clearly state
that no Member or guest may coach or train other Members or guests (as solely
determined by LA Fitness). Members may not engage in any business...
or
enterprise while at the LA Fitness clubs. Like most health clubs, LA Fitness does not
permit its members to provide personal training services to other members, as
it creates a conflict of interest and utilizes our equipment and space to
compete against us. Prior to taking the step of revoking Mr. [redacted]’s
membership, this policy was explained to Mr. [redacted]. He was given
warnings and an opportunity to cease these types of activity. However,
Mr. [redacted] chose to ignore these warnings. Thus, after an investigation
and a discussion with Mr. [redacted] on October 06, 2014 it was determined
necessary to discontinue his membership privileges. The decision to revoke a
membership is never taken lightly, but found to be necessary in this case.
Notably, the LA Fitness membership agreement affords us the right to cancel a
membership at any time for any reason, so there has been no violation of his
contractual rights. Accordingly, for the reasons summarized above, we are
simply choosing to exercise this right pursuant to his membership agreement. An
immediate cancellation has been processed and a refund in the amount of $59.98
was refunded on 10/9/14 back to the Visa card. Refunds take about 5-7 business
days to be refunded back. Thank you.
Management has made several attempts to contact [redacted] at the phone number provided to discuss her concerns that occurred during her time of joining at our gym. We have yet to receive a return call. Should [redacted] like to resolve this issue we encourage her to return our call or contact her local gym. Thank you.
After researching [redacted] claims, it is clear that in addition to the fully executed agreement (including a New Client Checklist that acknowledges she received a copy and reviewed all of the terms) it has been confirmed that Personal Training services were scheduled and used by [redacted].
Account history also reflects that she contacted our Customer Service department previously to discuss her options regarding a medical cancellation. At that time she was reminded of the Voluntary Cancelation provision which allows a member to cancel at any time, for any reason, by paying only half of the remaining balance due under the Agreement. [redacted] elected not to take advantage of this provision, so the billing continued pursuant to the terms of the contract. It is LA Fitness’ policy and practice to provide our members with a complete copy of their agreement at the time of enrollment.
A copy of the Agreement was also included in the Purchase Confirmation e-mail she received at the time of purchase. Her Personal Training agreement has since defaulted due to non-payment, nevertheless LA Fitness will agree to release her from the original contracted term and waive the current balance of $610. Additionally, LA Fitness will not pursue her for the outstanding balance of $1,200 owed to satisfy the contracted term, but a refund is simply not warranted in this case. We believe this to be a fair and reasonable resolution to this issue.
As outlined in our initial response, member is not entitled to a refund for services rendered.