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 6/3/16 (the “Initial Term”). Member paid a total of $279.00 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 payments, in the amount of $180.00 each, every month, beginning 7/3/16, 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 30-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, he is not entitled 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.
However, as of the time of this response, member has disputed the payments with his bank and defaulted on the agreement term. Since it is apparent that he now has no intention to fulfill his contractual obligation to the remaining personal training agreement term, we have released him from this obligation to make the remaining payments due under his agreement.
Additionally, City Sports Club will not pursue him for the outstanding balance he currently owes on his personal training agreement. Please note that we are not contractually obligated to provide this remedy, but this is being done as a customer service consideration for our member.
Management contacted member regarding experience at club with local management when member was informed of account balance and expiration. We advised member that upon joining, she agreed to the terms of a three year paid in full membership with set post dated payments. As a courtesy, we will allow...
member to pay the remaining balance on 5/2/16 and 6/2/16.
An exception was extended to member to allow usage of the club prior to full balance being collected. Member was assured that experience with staff at local location was addressed. Member is satisfied. Thank you.
Our Area Manager contacted member regarding her concerns and she will be working with him and the club's Personal Training Director to schedule her personal training sessions.
Management contacted Mrs. [redacted] regarding her concerns with the rate and access on her monthly dues membership. Mrs. [redacted] states that she was a previous member and when registering for a new membership selected the single club access with the intent to later adjust to multi club access....
Both management and local staff informed Mrs. [redacted] of our standard upgrade rates and options, including the one-time upgrade fee and increase in her monthly dues based on the request to adjust her access to multi club. As a courtesy, we agreed to honor a current new member promotional rate in lieu of the standard upgrade rates. Additionally, Mrs. [redacted] will only need to pay $40 to upgrade, which is the difference of the initiation fee she paid at sign up and the new member initiation fee, and her monthly rate will adjust to $29.99. The paperwork necessary to process this change is available for Mrs. [redacted] to complete at our Bothell-220th St SE location. Once completed we will be able to move forward with the adjustments. 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.
Her account of the discussion is completely incorrect. They did admit to charging me prior to 2014 and could not prove they had authorization to do so. You should pull the phone call. The gentleman I eventually spoke to was going to permanently remove the additional once a year charge from my account and my husband's account and credit us both for this year. Still waiting on written proof that they permanently removed it from both of our accounts. I only know I was given a credit for this year. Less than 1/2 of what they promised has been fulfilled. Not satisfied.Regards,
[redacted]
Management has made multiple attempts to contact Mr. [redacted] regarding his concerns with the spa maintenance at several locations. However, we have not received a return call. We appreciate our member’s feedback and concerns regarding our facilities and strive to provide a clean and healthy...
environment. In some cases, remedial measures can take time to complete and we appreciate our member’s patience. Management contacted Mr. [redacted] and left a detailed voicemail to inform him that the maintenance of the spa in several locations has been completed and others are scheduled to be completed this week. Should Mr. [redacted] have any additional concerns we encourage him to contact his home club for assistance. 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.
I can provide statements reflecting my
monthly dues ($10) plus tax up to the time [redacted] picked up the
responsibility of paying. I still had a contract with Fitness that
has been forwarded to LA Fitness. I am simply asking LA Fitness to
honor the same commitment they made to other members of Fitness 19.
In fairness, LA Fitness should honor this request.
Regards,
[redacted]
As of the time of this response, member has disputed the payments with her bank and defaulted on the agreement term. Since it is apparent that she now has no intent of fulfilling her contractual obligation to the remaining personal training agreement term, we have released her from her obligation to make the remaining payments due under her agreement. Additionally, LA Fitness will not pursue her for the outstanding balance she currently owes. Please note that we are not contractually obligated to provide this remedy, but this is being done as a customer service consideration for our member.
Bureau:
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 has been in communication with [redacted] to resolve this issue. One challenge is they are requesting an open-ended discounted rate, but are unwilling however to pay the required Corporate Sponsorship Fee to do so. That is not typical of what we offer in terms of options,...
nevertheless we look forward to building a relationship with Community Hope to offer their employees a really great membership plan.
[redacted] assistant, [redacted] is currently working directly with our Corporate Wellness Department to secure a mutually acceptable membership option for their employees. We anticipate a new Wellness Agreement to be executed soon and believe this fully addresses her concerns.
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.
This was NOT a monthly membership, but a TWO months prepaid membership. I do not agree that I should be owing any money as I prepaid for two months when I signed up. I did NOT agree to a reoccurring billing. I do not wish to discuss this over the phone with a business that conducts themselves this way. I need this matter resolved in writing and all charges removed. Otherwise, I will be taking legal action.
Regards,
[redacted]
LA Fitness contacted member regarding her concerns and we have cancelled the remaining term of her personal training agreement with no further billing or obligation.
LA Fitness cancelled member and her daughter's regular fitness memberships as well as member's personal training agreement with no further billing or obligation.
Bureau:
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 records reflect that member purchased 25 minute sessions from LA Fitness with a Certified Personal Trainer but not the services from any one specific trainer. The length of the personal training sessions has not been shortened and the fact that a trainer he was working with has been promoted...
does not entitle him to a upgrade at no charge or a refund of his remaining personal training sessions.
Member has the option to upgrade if he would like to work with a Master Trainer. However, he is not required to upgrade and we can assign him to another Certified Trainer to continue to provide him with the services for which he contracted.
Management has made several attempts to contact Mr. [redacted] to discuss his concerns regarding his membership. However, we have not received a return call. We encourage Mr. [redacted] to return our call so we can adequately respond to his concerns. 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 6/3/16 (the “Initial Term”). Member paid a total of $279.00 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 payments, in the amount of $180.00 each, every month, beginning 7/3/16, 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 30-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, he is not entitled 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.
However, as of the time of this response, member has disputed the payments with his bank and defaulted on the agreement term. Since it is apparent that he now has no intention to fulfill his contractual obligation to the remaining personal training agreement term, we have released him from this obligation to make the remaining payments due under his agreement.
Additionally, City Sports Club will not pursue him for the outstanding balance he currently owes on his personal training agreement. Please note that we are not contractually obligated to provide this remedy, but this is being done as a customer service consideration for our member.
Management contacted member regarding experience at club with local management when member was informed of account balance and expiration. We advised member that upon joining, she agreed to the terms of a three year paid in full membership with set post dated payments. As a courtesy, we will allow...
member to pay the remaining balance on 5/2/16 and 6/2/16.
An exception was extended to member to allow usage of the club prior to full balance being collected. Member was assured that experience with staff at local location was addressed. Member is satisfied. Thank you.
Our Area Manager contacted member regarding her concerns and she will be working with him and the club's Personal Training Director to schedule her personal training sessions.
Management contacted Mrs. [redacted] regarding her concerns with the rate and access on her monthly dues membership. Mrs. [redacted] states that she was a previous member and when registering for a new membership selected the single club access with the intent to later adjust to multi club access....
Both management and local staff informed Mrs. [redacted] of our standard upgrade rates and options, including the one-time upgrade fee and increase in her monthly dues based on the request to adjust her access to multi club. As a courtesy, we agreed to honor a current new member promotional rate in lieu of the standard upgrade rates. Additionally, Mrs. [redacted] will only need to pay $40 to upgrade, which is the difference of the initiation fee she paid at sign up and the new member initiation fee, and her monthly rate will adjust to $29.99. The paperwork necessary to process this change is available for Mrs. [redacted] to complete at our Bothell-220th St SE location. Once completed we will be able to move forward with the adjustments. Thank you.
LA Fitness has been in contact with member regarding her concerns and we downgraded her personal training program back to $135.00 per month.
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.
Her account of the discussion is completely incorrect. They did admit to charging me prior to 2014 and could not prove they had authorization to do so. You should pull the phone call. The gentleman I eventually spoke to was going to permanently remove the additional once a year charge from my account and my husband's account and credit us both for this year. Still waiting on written proof that they permanently removed it from both of our accounts. I only know I was given a credit for this year. Less than 1/2 of what they promised has been fulfilled. Not satisfied.Regards,
[redacted]
Management has made multiple attempts to contact Mr. [redacted] regarding his concerns with the spa maintenance at several locations. However, we have not received a return call. We appreciate our member’s feedback and concerns regarding our facilities and strive to provide a clean and healthy...
environment. In some cases, remedial measures can take time to complete and we appreciate our member’s patience. Management contacted Mr. [redacted] and left a detailed voicemail to inform him that the maintenance of the spa in several locations has been completed and others are scheduled to be completed this week. Should Mr. [redacted] have any additional concerns we encourage him to contact his home club for assistance. 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.
I can provide statements reflecting my
monthly dues ($10) plus tax up to the time [redacted] picked up the
responsibility of paying. I still had a contract with Fitness that
has been forwarded to LA Fitness. I am simply asking LA Fitness to
honor the same commitment they made to other members of Fitness 19.
In fairness, LA Fitness should honor this request.
Regards,
[redacted]
The response from LA Fitness is acceptable
As of the time of this response, member has disputed the payments with her bank and defaulted on the agreement term. Since it is apparent that she now has no intent of fulfilling her contractual obligation to the remaining personal training agreement term, we have released her from her obligation to make the remaining payments due under her agreement. Additionally, LA Fitness will not pursue her for the outstanding balance she currently owes. Please note that we are not contractually obligated to provide this remedy, but this is being done as a customer service consideration for our member.
Better Business...
Bureau:
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 has been in communication with [redacted] to resolve this issue. One challenge is they are requesting an open-ended discounted rate, but are unwilling however to pay the required Corporate Sponsorship Fee to do so. That is not typical of what we offer in terms of options,...
nevertheless we look forward to building a relationship with Community Hope to offer their employees a really great membership plan.
[redacted] assistant, [redacted] is currently working directly with our Corporate Wellness Department to secure a mutually acceptable membership option for their employees. We anticipate a new Wellness Agreement to be executed soon and believe this fully addresses her concerns.
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.
This was NOT a monthly membership, but a TWO months prepaid membership. I do not agree that I should be owing any money as I prepaid for two months when I signed up. I did NOT agree to a reoccurring billing. I do not wish to discuss this over the phone with a business that conducts themselves this way. I need this matter resolved in writing and all charges removed. Otherwise, I will be taking legal action.
Regards,
[redacted]
LA Fitness contacted member regarding her concerns and we have cancelled the remaining term of her personal training agreement with no further billing or obligation.
LA Fitness cancelled member and her daughter's regular fitness memberships as well as member's personal training agreement with no further billing or obligation.
LA Fitness cancelled the remaining term of member's personal training agreement with no further billing or obligation
Better Business...
Bureau:
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 records reflect that member purchased 25 minute sessions from LA Fitness with a Certified Personal Trainer but not the services from any one specific trainer. The length of the personal training sessions has not been shortened and the fact that a trainer he was working with has been promoted...
does not entitle him to a upgrade at no charge or a refund of his remaining personal training sessions.
Member has the option to upgrade if he would like to work with a Master Trainer. However, he is not required to upgrade and we can assign him to another Certified Trainer to continue to provide him with the services for which he contracted.
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 has made several attempts to contact Mr. [redacted] to discuss his concerns regarding his membership. However, we have not received a return call. We encourage Mr. [redacted] to return our call so we can adequately respond to his concerns. Thank you