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 4/12/16 (the “Initial Term”). Member paid a total of $339.00 up front, which included the enrollment fee, processing...
fee and payment for the first month of personal training services. She further agreed to make 11 more payments, in the amount of $240.00 each, every month, for the remainder of the Initial Term. These terms are clearly outlined on page 1 of the Agreement and she acknowledged her understanding of these billing terms by initialing three separate sections of the payment schedule section of the Agreement. Her 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 (the “Termination Fee”).
This provision is clearly outlined on page 2 of the agreement. 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 confirming e-mail member received on the day she enrolled. 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 signature and initials on the New Client Checklist (copies of the Agreement and New Client Checklist are included with this response). Furthermore, member’s personal training services agreement specifically provided her with a 3-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 (which were very clearly spelled out for her and acknowledged by her) early without a Termination Fee.
If member no longer wishes to continue with her valid Agreement, LA Fitness will honor the voluntary cancellation provision of the 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 have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.[No response to my calls. No firm date as to resolution.]Regards,[redacted]
LA Fitness adjusted members personal training membership to ensure that she is able to schedule her sessions and we apologize for any inconvenience this may have caused.
Management spoke to [redacted] via email on 1/15/15 regarding her concerns with her monthly billed membership at the time of point of sale. We apologized for any miscommunication that occurred and provided [redacted] with a copy of her agreement. We encourage [redacted] to return...
our call should she wish to discuss anything further. Thank you.
Please note that we were not obligated to provide a refund, but a refund for one month of membership dues was processed as a customer service consideration for our member.
It is not our policy or practice to harass our members to enroll in personal training and will address his concerns with personal training staff.
Prior to this complaint on 12/10/15 [redacted] membership was immediately cancelled and a full refund in the amount of $59.90 was refunded back to the [redacted] card on [redacted] Refunds take about 5-7 business days to be processed. 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.Regards,[redacted]
Management spoke with Mr. [redacted] regarding his concerns. As a courtesy, we agreed to refund the last two payments of $25.99 back to the [redacted] Card on file. Refunds typically could take up 5-7 business days to complete. We believe this matter to be resolved and member is satisfied. Thank you.
Management spoke to [redacted] and after discussion regarding her fitness membership it was agreed upon to issue a refund in the amount of 319.56 back to the checking account. Refunds take about 5-7 business days. Member is satisfied. Thank you
Management spoke to [redacted] on 10/21/14 regarding the cancellation of her monthly billed membership. [redacted] states she cancelled in June and continues to be billed. We have no record of receiving a
cancelation however an immediate cancelation was processed and no further billing will...
occur. The balance in the amount of $99.39 has been waived and no balance is owed. Member is satisfied. 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]
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...
Management spoke to Mr. [redacted] on 10/10/14 regarding the cancellation
of his monthly billed memberships. An immediate cancellation has been processed
and no further billing will occur. A refund for September dues in the amount of
$34.99 was refunded back to the MasterCard on 10/15/14. Refunds...
take about 5-7
business days to be refunded. The October monthly dues in the amount of $34.99
will be waived and no further balance will be owed. Member is satisfied. Thank
you.
Management spoke with [redacted] regarding his concerns. As a courtesy, Management agreed to waive outstanding balance and expire membership as of today. We believe this matter to be resolved. Thank you.
Management spoke to [redacted] in regards to [redacted] monthly billed membership. He had request a refund due to non-usage since January of 2014. Claims he was told at point of sale the membership does not start until the member uses the gym. The terms of the agreement were explained to [redacted] in that the activation date of the agreement is from the day the agreement is signed.
Therefore, due to no prior request to cancel being received his request for a full refund has been denied. As a courtesy, a two month refund was offered, which [redacted] declined. A cancellation was processed and no further billing will occur. No further action will be taken. 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]
LA Fitness processed a refund in the amount of $100.00 (refund applied to the same account used for payment). Please allow 5-7 business days for the refund to post to member's account.
Our position has not changed. Our Personal Training Director spoke to member at length regarding his concerns and we can certainly address the concerns he has with his program when he is ready to resume training. However, the circumstance does not entitle member to terminate the agreement early without a fee. It should be noted that we also offered to reduce the cancellation fee from 50% down to 33% of the remaining agreement balance. Member elected not to take advantage of the offer at this time.
Nevertheless, LA Fitness remains willing to honor the reduced cancellation fee should member elect to take advantage of it at a later date.
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 District Manager contacted member regarding his concerns and we cancelled the remaining term of his personal training agreement with no further billing or obligation.
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 4/12/16 (the “Initial Term”). Member paid a total of $339.00 up front, which included the enrollment fee, processing...
fee and payment for the first month of personal training services. She further agreed to make 11 more payments, in the amount of $240.00 each, every month, for the remainder of the Initial Term. These terms are clearly outlined on page 1 of the Agreement and she acknowledged her understanding of these billing terms by initialing three separate sections of the payment schedule section of the Agreement. Her 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 (the “Termination Fee”).
This provision is clearly outlined on page 2 of the agreement. 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 confirming e-mail member received on the day she enrolled. 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 signature and initials on the New Client Checklist (copies of the Agreement and New Client Checklist are included with this response). Furthermore, member’s personal training services agreement specifically provided her with a 3-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 (which were very clearly spelled out for her and acknowledged by her) early without a Termination Fee.
If member no longer wishes to continue with her valid Agreement, LA Fitness will honor the voluntary cancellation provision of the 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 have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.[No response to my calls. No firm date as to resolution.]Regards,[redacted]
LA Fitness adjusted members personal training membership to ensure that she is able to schedule her sessions and we apologize for any inconvenience this may have caused.
Management spoke to [redacted] via email on 1/15/15 regarding her concerns with her monthly billed membership at the time of point of sale. We apologized for any miscommunication that occurred and provided [redacted] with a copy of her agreement. We encourage [redacted] to return...
our call should she wish to discuss anything further. Thank you.
Please note that we were not obligated to provide a refund, but a refund for one month of membership dues was processed as a customer service consideration for our member.
It is not our policy or practice to harass our members to enroll in personal training and will address his concerns with personal training staff.
Prior to this complaint on 12/10/15 [redacted] membership was immediately cancelled and a full refund in the amount of $59.90 was refunded back to the [redacted] card on [redacted] Refunds take about 5-7 business days to be processed. 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.Regards,[redacted]
Management spoke with Mr. [redacted] regarding his concerns. As a courtesy, we agreed to refund the last two payments of $25.99 back to the [redacted] Card on file. Refunds typically could take up 5-7 business days to complete. We believe this matter to be resolved and member is satisfied. Thank you.
Management spoke to [redacted] and after discussion regarding her fitness membership it was agreed upon to issue a refund in the amount of 319.56 back to the checking account. Refunds take about 5-7 business days. Member is satisfied. Thank you
Management spoke to [redacted] on 10/21/14 regarding the cancellation of her monthly billed membership. [redacted] states she cancelled in June and continues to be billed. We have no record of receiving a
cancelation however an immediate cancelation was processed and no further billing will...
occur. The balance in the amount of $99.39 has been waived and no balance is owed. Member is satisfied. 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]
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]
Management spoke to Mr. [redacted] on 10/10/14 regarding the cancellation
of his monthly billed memberships. An immediate cancellation has been processed
and no further billing will occur. A refund for September dues in the amount of
$34.99 was refunded back to the MasterCard on 10/15/14. Refunds...
take about 5-7
business days to be refunded. The October monthly dues in the amount of $34.99
will be waived and no further balance will be owed. Member is satisfied. Thank
you.
Management spoke with [redacted] regarding his concerns. As a courtesy, Management agreed to waive outstanding balance and expire membership as of today. We believe this matter to be resolved. Thank you.
Management spoke to [redacted] in regards to [redacted] monthly billed membership. He had request a refund due to non-usage since January of 2014. Claims he was told at point of sale the membership does not start until the member uses the gym. The terms of the agreement were explained to [redacted] in that the activation date of the agreement is from the day the agreement is signed.
Therefore, due to no prior request to cancel being received his request for a full refund has been denied. As a courtesy, a two month refund was offered, which [redacted] declined. A cancellation was processed and no further billing will occur. No further action will be taken. 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]
LA Fitness processed a refund in the amount of $100.00 (refund applied to the same account used for payment). Please allow 5-7 business days for the refund to post to member's account.
Our position has not changed. Our Personal Training Director spoke to member at length regarding his concerns and we can certainly address the concerns he has with his program when he is ready to resume training. However, the circumstance does not entitle member to terminate the agreement early without a fee. It should be noted that we also offered to reduce the cancellation fee from 50% down to 33% of the remaining agreement balance. Member elected not to take advantage of the offer at this time.
Nevertheless, LA Fitness remains willing to honor the reduced cancellation fee should member elect to take advantage of it at a later date.
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 District Manager contacted member regarding his concerns and we cancelled the remaining term of his personal training agreement with no further billing or obligation.