Lady Fitness

[redacted] ,We are very sorry you were in a car accident and we truly wish you the very best and a quick recovery Unfortunately there is nothing we can do about this The transfer of the memberships is final and at this point we cannot even transfer you to the West Haven location Our Layton location closed a month ago and everything has been finalized We hope you will try Evolution You will probably never see a man there because it is full of Lady Fitness members

Complaint: [redacted] I am rejecting this response because:FYI: It was evolution gym that told people that you knew well in advance (months) that you would be closingThat is where the information comes from and if it is to be believed then that is indeed poor business ethicsI never said I ONLY used the layton gymMy intention was to have the Layton gym as my primary gym maybe once in a while using the West Haven facilityYou may not have record of this because I didn't always have my gym key on me and the ladies at the front desk would "Check me in"I was out of town the months of June and July and I have been trying to cancel since AugustThe problem is that I would leave a message with a person asking for a response from the OwnerNever had a call back from anyoneIt wasn't until I called in November that I spoke to a woman by the name of Ray Ray who would put me on hold to go "ask the owner" that told me I just needed to call ABC financial and it would be taken careAfter several phones calls between Ray Ray and ABC financial I was told it would be taken care of because Ray Ray said , "The owner called ABC financial and told them to let you out of your contract without a fee." I called ABC financial back thinking that the owner had called and taken care of everythingABC financial responded that they did not have any record of the owner calling their company, the supervisor stated that she would get in touch with the gym and have taken care ofI called Ray Ray back to let her know this and she said that she would talk to the owner and they would take care of it When I signed up I was told that I could cancel with a $fee at anytimeI have been told many different things by many different employeesThe problem is that I never recorded any of it because I believed what the employees and owner supposedly were telling me and did not review the fine print in the contractShame on me to think a business would stand by its word and that of their employeesI do now have a copy of my contract, thank you for providing itThe problem is that I now have a little over two years in a contract to a gym that I would've made it to maybe once a monthI wish that we could come to a positive solution as you are not willing to honor yours or your employees word of releasing me from my contractI would ask that my membership be transferred to Evolution gym as the others from Layton have or possibly have my membership taken over by another personThank you for your consideration and quick reply Sincerely, [redacted]

I spoke with Ray and the owner about what [redacted] is saying Ray does not remember having this conversation and the owner said she would never say we would cancel a membership for that reason because it is not in the agreement All cancellation requests are thoroughly researched to see if the member meets the criteria of the agreement and is able to cancel We are bound to the terms of the agreement just like the member is On the back of her signed agreement #it say "No verbal agreements pertaining to any part of this contract will be honored by the Member or by any Lady Fitness staff member" We can only go by the terms of the agreement and by what we can prove according to her checkins and notes in her account The owner has given me permission to allow [redacted] to transfer her membership to someone else but she has to find someone to take it over The new member will have to agree to give her account information and be responsible for all payments and fees still owing on [redacted] 's membership This is the best we can do according to the information we have The only other option is if [redacted] can prove she has moved more than miles from any of our facilities then we can move forward with a cancellation due to relocation [redacted] will need to contact our Member Service Manager, Keli R [redacted] when she has someone to take over her membership at [email protected] Nobody at the club will be able to help her with the transfer since this is not something that can be done at the club level

*** called us yesterday and told us she signed up at the West Haven club because our system was down at the Layton club. Even if our system was down we would have signed her up on a paper contract. We would never have sent her to another location to sign up. She has never
requested a copy of her agreement. We can easily email her a copy of her agreement. She said she only used the Layton facility but our records show she only used our West Haven Facility and we show no check-ins at our Layton facility. We told her if she lived more than miles from our facility as per her agreement and she can provide proof of her relocation, she can cancel through ABC. Her account shows she did call ABC and requested information on this process. She said we told her she could cancel because we sold our Layton memberships but we are unable to cancel any memberships due to that reason. We have to honor the signed agreement just like she does. If there is proof that she only used the Layton facility like she said and that she never intended to use our West Haven facility, then we would transfer her to Evolution...not cancel, but all documentation proves she only used our West Haven facility. She is trying to get us in trouble saying we illegally sold memberships when we closed our facility. This is not true, we did not make the decision to close until about weeks before we notified our members and employees. We had been working with our landlord about renewing our lease and because they wanted a new year lease, we made the decision to sell our memberships to Evolution Fitness. At that time we no longer sold memberships. We can legally sell our memberships as stated on the agreement. We closed our facility in July of 2017 and the first time *** tried to cancel was almost months later on 11/29/17. She hasn't attended the club since May and she is just trying to get out of a membership she no longer wants. There is no proof to back up her story. Everything we have documented and on record shows she only used our West Haven facility. We have to go by what we can prove and nothing in her story can be proven. Unfortunately, we cannot cancel her membership like she is requesting. If she can provide proofs of moving more than miles from our facility then she can work with ABC to cancel. ABC is the only ones that can cancel a membership as we do not have the ability to do so at the club level

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and though I still feel that the company conducts themselves unethically, I recognize that I should have been more careful and less trusting to a company that I knew nothing about and therefore, I find that this resolution is satisfactory to me
Please have the company contact me directly (###-###-####) to arrange the satisfying of the balance owingI will not be using the membership as stated before, and need to speak with somebody who can put my mothers name on the membershipI will continue to pay for it myself through 8/2018, but I'd like for it to at least be used to benefit somebody
Sincerely,
*** ***

Complaint: ***
I am rejecting this response because: My attendance has nothing to do with this I've paid in full with zero complaints for the last monthsMy complaint is that this is now a facility which is NOT equalivant to what I signed up for I was involved in car accident and have been looking forward to attending lady fitness as soon as I've recovered which is why I've kept my membership instead if acquiring a doctors note and having it cancelled.
Sincerely,
*** ***

[redacted],We are very sorry you were in a car accident and we truly wish you the very best and a quick recovery.  Unfortunately there is nothing we can do about this.  The transfer of the memberships is final and at this point we cannot even transfer you to the West Haven location.  Our Layton location closed a month ago and everything has been finalized.  We hope you will try Evolution.  You will probably never see a man there because it is full of Lady Fitness members.

We are very sorry [redacted] feels this way.  We would never have agreed to cancel because we are bound to the terms of the agreement just like she is and there are only 2 acceptable reasons for cancellation which are moving more than 25 miles away from any of our facilities or if she has...

a doctor's note that says she is permanently disabled and unable to use the facility.  According to [redacted]'s signed membership agreement, we can transfer her membership to another fitness facility within 5 miles of the closing location.  Evolution Fitness is approximately 3 blocks away from the Layton Lady Fitness.  Also according to the Utah Administrative Code R152-23-5 a fitness facility can legally transfer membership agreements according to the terms of the agreement.  We also gave our members the option to transfer to our West Haven location if they wanted to stay with Lady Fitness.  We chose Evolution Fitness because they have a very similar aerobic program to ours with several of our same instructors.  This is a new facility that just opened a couple months ago so 80% of their membership is women.  They have everything we do such as classes, tanning, child care, PT and GPT.  They also have things we do not have such as cardio cinema and 24/7 access.  Evolution Fitness is the perfect fit for our members and those currently attending are very happy with their new facility.  We did not want to send our members to Gold's Gym or Vasa so we found a facility that is as close to perfect as you can get.  In looking at [redacted]'s account, she only attended Lady Fitness 1 time on 9/2/2016, which was the day she joined and she has never been back.  It appears to me she is trying to get out of a contract she no longer wants and she is using this to try to do so. I've attached a screen shot of her usage history.  I'm sorry she felt she had to go to the Revdex.com but there is nothing we can do about this.  She signed a contract and we have to follow the terms as much as she does.  If she would try Evolution Fitness, we are confident she will like it.

I spoke with Ray and the owner about what [redacted] is saying.  Ray does not remember having this conversation and the owner said she would never say we would cancel a membership for that reason because it is not in the agreement.  All cancellation requests are thoroughly researched to see if the member meets the criteria of the agreement and is able to cancel.  We are bound to the terms of the agreement just like the member is.  On the back of her signed agreement #9 it say "No verbal agreements pertaining to any part of this contract will be honored by the Member or by any Lady Fitness staff member".  We can only go by the terms of the agreement and by what we can prove according to her checkins and notes in her account.  The owner has given me permission to allow [redacted] to transfer her membership to someone else but she has to find someone to take it over.  The new member will have to agree to give her account information and be responsible for all payments and fees still owing on [redacted]'s membership.  This is the best we can do according to the information we have.  The only other option is if [redacted] can prove she has moved more than 25 miles from any of our facilities then we can move forward with a cancellation due to relocation.  [redacted] will need to contact our Member Service Manager, Keli R[redacted] when she has someone to take over her membership at [email protected].  Nobody at the club will be able to help her with the transfer since this is not something that can be done at the club level.

We do several fairs each summer to find people interested in trying our facility.  We have a prize wheel so women can spin to win either a 2 week trial pass or a 1 month trial pass.  We have never given more than 1 month for a trial pass.  As an incentive to join Lady Fitness...

that day we offer an additional 3 months free to their membership if they trade in their 2 weeks or 1 month trial they just won by spinning the wheel.  If [redacted] received 3 months free, it was because she traded in either a 2 week or 1 month trial, and she understood she was signing a contract.  We are bound to the terms of the contract just like the member is bound to the terms of the contract.  A member has 3 business days to cancel and after those 3 business days she can only cancel if she can provide 2 valid proofs of move more than 25 miles from any of our facilities or if she is physically disabled and a doctor verifies she is unable to use the facility.  She was given a copy of the contract which she should have read so she knew the terms of her membership.  She could have read it at the fair before signing or anytime after.  We would never tell someone they had 3 months to cancel when the contract clearly states they have 3 business days.  The contract also clearly states in bold letters that WE DO NOT HONOR ANY VERBAL AGREEMENTS.    She was told by ABC which proofs of move were valid but she was unable to provide 2 valid proofs of move.  The only proof she submitted was a bank and credit card statement from the same bank where she was employed (according to her email address). And I see her current address is Syracuse, Utah.We are unable to handle cancellations at the club level.  If she came in to the club to cancel, we would have referred her to ABC, our billing company, since they are the only ones that can cancel a membership.  Cancelling at the club like she said is just not possible.  After reading the notes on her account, she was left 17 voice messages and sent 3 late letters informing her of her past due balance before being sent to a third party collection company.  And then the collection company goes through their collection process of calls, letters and emails before going to court.  She was given 1 1/2 years total to pay the past due amount but she chose to ignore it until now when she was served with court papers.  the fact that she never used the facility doesn't matter.  She signed a contract and as I said before, we are bound to the terms of the contract just like she is.I don't know what the judgement amount she was served is but I am willing to have her bring her account current through January 31 which is $378.95 + 25% to pay the collection company which is a total of $473.69.  Then, her monthly membership dues will start up again in February for $16.03 per month until the end of her membership term 8/26/2018.  If she defaults on these payments the collection process will start all over again and she won't be given this chance again.

Complaint: [redacted]
I am rejecting this response because:FYI: It was evolution gym that told people that you knew well in advance (months) that you would be closing. That is where the information comes from and if it is to be believed then that is indeed poor business ethics. 1. I never said I ONLY used the layton gym. My intention was to have the Layton gym as my primary gym maybe once in a while using the West Haven facility. You may not have record of this because I didn't always have my gym key on me and the ladies at the front desk would "Check me in"2. I was out of town the months of June and July and I have been trying to cancel since August. The problem is that I would leave a message with a person asking for a response from the Owner. Never had a call back from anyone. It wasn't until I called in November that I spoke to a woman by the name of Ray Ray who would put me on hold to go "ask the owner" that told me I just needed to call ABC financial and it would be taken care. After several phones calls between Ray Ray and ABC financial I was told it would be taken care of because Ray Ray said , "The owner called ABC financial and told them to let you out of your contract without a fee." I called ABC financial back thinking that the owner had called and taken care of everything. ABC financial responded that they did not have any record of the owner calling their company, the supervisor stated that she would get in touch with the gym and have taken care of. I called Ray Ray back to let her know this and she said that she would talk to the owner and they would take care of it When I signed up I was told that I could cancel with a $50 fee at anytime. I have been told many different things by many different employees. The problem is that I never recorded any of it because I believed what the employees and owner supposedly were telling me and did not review the fine print in the contract. Shame on me to think a business would stand by its word and that of their employees. I do now have a copy of my contract, thank you for providing it. The problem is that I now have a little over two years in a contract to a gym that I would've made it to maybe once a month. I wish that we could come to a positive solution as you are not willing to honor yours or your employees word of releasing me from my contract. I would ask that my membership be transferred to Evolution gym as the others from Layton have or possibly have my membership taken over by another person. Thank you for your consideration and quick reply          
Sincerely,
[redacted]