Max Fitness

Revdex.com: I have reviewed the response made by the business in reference to my concern, and find that this resolution is satisfactory to me

Sent: Monday, January 15, 11:AM Subject: complaint id -*** To Whom it may concern, We have spoken to Ms*** regarding her issue and have resolved with herShe was offered months credit at the end of her membership agreement for the dues she was charged prior to club
opening. She requested we send her this in writing, below is the email thread. Thank you In health, Marta *** TX Corporate Administrator (956) 800-DISCLAIMER: The information in this electronic mail message is sender's Confidential business and is legally privilegedIt is intended solely for the addressee(s)Access to this Internet electronic mail message by anyone else is unauthorizedIf you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on it is prohibited and may be unlawfulThe sender believes that this E-mail and any attachments were free of any virus, worm, Trojan horse, and/or malicious code when sentThis message and its attachments could have been infected during transmissionBy reading the message and opening any attachments, the recipient accepts full responsibility for taking protective and remedial action about viruses and other defects*** is not liable for any loss or damage arising in any way from this message or its attachmentsUnder any circumstances no material may be transferred to a third party without the expressed written permission of ***---------- Forwarded message ---------- From: Erika *** Date: Mon, Jan 15, at 11:AM Subject: Fwd: Contract and Time back honored - *** *** To: Marta *** ---------- Forwarded message ---------- From: Erika *** Date: Tue, Jan 9, at 1:PM Subject: Contract and Time back honored - *** *** To: *** Afternoon Ms*** ***, As per our conversation earlier, I am providing you a copy of your membership contractWould like to inform you we will be honoring months time back at the end of your membership contractThe months will begin on Oct 7, until Feb7, Please keep in mind if you decide to cancel, we do require a day notice before the next draftIn this case if you would like to cancel please process your request at the club before Aug.7, The months that we are honoring will not be drafted within the months of Oct through Feb 2019. Please let me know if you have any questions. -- Thank you in advance, Erika *** Executive Administrative Assistant for Tru>Fit Athletic Clubs fax DISCLAIMER: The information in this electronic mail message is sender's Confidential business and is legally privilegedIt is intended solely for the addressee(s)Access to this Internet electronic mail message by anyone else is unauthorizedIf you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on it is prohibited and may be unlawfulThe sender believes that this E-mail and any attachments were free of any virus, worm, Trojan horse, and/or malicious code when sentThis message and its attachments could have been infected during transmissionBy reading the message and opening any attachments, the recipient accepts full responsibility for taking protective and remedial action about viruses and other defects*** is not liable for any loss or damage arising in any way from this message or its attachmentsUnder any circumstances no material may be transferred to a third party without the expressed written permission of ***

Initial Business Response /* (1000, 5, 2016/09/30) */
Contact Name and Title: *** Operations Manager
Contact Phone: XXXXXXXXXX
Contact Email: ***@maxfitnessftw.com
Member stated they verbally requested to cancel membershipUpon verbal requests a member is informed of the cancellation
policy which is the following:
"Member may also cancel this agreement after the CANCELLATION 3-DAY NOTICE period above has elapsed by giving written noticeORAL CANCELLATIONS WILL NOT BE VALIDMember must return membership card/key tag with a written notice of cancellationWritten notice of cancellation forms are available at Max's place of businessMember agrees to give thirty (30) days written notice of cancellation effective after the following billing dateNotice of cancellation is considered given, if by mail when postmarked, or if by hand delivery when delivered to Max's place of businessSuch notice should be sent to the address aboveMember is responsible for verifying that the cancellation was receivedAll automatically drafted services require written cancellationWhen cancelling afamily members the total recurring monthly dues shall be reduced by the lowest prices recurring monthly dues of the aplan."
Given the member stated they wished to do so before the expiration date of the initial month term they would have been obligated to pay the buyout payment of *** of the remaining amount or *** whichever was greaterWe inform the members of the least expensive option to discontinue whether it would be to complete the initial term or cancel early with the buy out paymentMany times members choose to ride out the agreement and come back to cancel when a buy out payment is not required especially if there are only a few months left
The growth of the balance after the initial months because they are signing up for a month agreement that automatically renew to a open-ended month-to-month agreement
Regarding that balance in collections we often are able to settle for days of any fees with collection feesThe total would just *** if the member wished to close out the accountMember may do so by contacting *** *** at the Dupont location ***
NOTE: This has been submitted to the incorrect location as member's home location is the Max Fitness location on *** *** Rd., Fort Wayne IN, XXXXX

As stated in the contract, member can send in notice (in writing) days in advance of contract renewalIt is not in dispute that I did this and that I did it days in advance and in wiritngThey are not holding up their part of the contract

Initial Business Response /* (1000, 8, 2017/10/23) */
Contact Name and Title: David: Operations Manager
Contact Phone: XXXXXXXXXX
Contact Email: ***@maxfitnessftw.com
This complaint is listed under the incorrect locationCorrect location is: Max Fitness W Dupont RdFort Wayne, IN
XXXXX
This members agreement is an open-ended membership with no restrictions on when the member could cancelIn addition to it being an open-ended membership, during the time period of the rate increase mentioned we allowed any members under contract to cancel without penalty with a day written notice to cancel
This account shows no record of cancellationAny submission of cancellation saves record of the request to cancel on the account under "change requests history"A copy of this change request is printed and given to cancelling members upon cancellationNo printed copy has been presented to Max Fitness for proof of cancellationIf a handwritten letter is delivered through U.Smail or in person, a change request is submitted to have electronic record of receiving and processing the letter and the hand written letter is scanned to the accountPerforming stop payments with the bank does not fulfill the cancellation policy per the agreed upon and signed agreement with Max Fitness
The member was attempted to be contacted via email which bounced back as invalid as well as the phone number on file which also was invalidAs a result, a letter was sent in September to the address on file prior to the account being sent to collections
Members were notified of the rate increase mentioned via letter and posts within our facilities on 12/20/Our agreements allow for changes to the business as a whole including: rates, policies, amenities, etcThe rate increase was to take effect for current members as of the 2/20/payment to give ample time to decide whether or not to continue or cancel membership with Max Fitness
Cancellation policy for reference:
Month to Month Cancellation: Member may also cancel this agreement after the CANCELLATION 3-DAY NOTICE period above has elapsed by giving written noticeORAL CANCELLATION WILL NOT BE VALIDMember must return membership card with a written notice of cancellationMember agrees to give thirty (30) days written notice of cancellation effective after the following billing dateCancellations must be submitted five days prior to billing date for current month's invoice to be considered the last billing dateMember is responsible for all scheduled invoices which may include: monthly dues, annual dues, or any other invoices accrued during the cancellation noticeNotice of cancellation is considered given, if by mail when postmarked, or if by hand delivery when delivered to Max's place of businessSuch notice should be sent to the address aboveMember is responsible for verifying that the cancellation was receivedAll automatically drafted services require written cancellationsWhen cancelling afamily members the total recurring monthly dues shall be reduced by the lowest priced Recurring Monthly Dues of the aplan
Initial Consumer Rebuttal /* (3000, 10, 2017/10/23) */
(The consumer indicated he/she DID NOT accept the response from the business.)
Max fit sent this complaint form the wrong location , so that's where I sent it, just more run around They also took my check in tags when I quit, so I have not been there
Final Business Response /* (4000, 12, 2017/10/30) */
Member was responded to by the home club location in which they signed up
It is not our SOP to take a key tag from an individual cancelling as they have paid for the month ahead and have further time available to use our facility after submitting the cancellation
The account of the member currently sits in a 3rd party collection status with a total balance of $If the member wishes to call me at the Dupont Rdlocation to resolve this I can accept a settlement of $Phone number for our location is XXX-XXX-XXXX

Initial Business Response /* (1000, 5, 2016/03/16) */
Mr*** did pay his last month at signing - *** He then upgraded to the *** membershipThis upgrade requires that the member pays the difference between the two memberships - from his initial proration and his last monthIn
this case the difference for the last month was *** So - *** + ** = a total last months dues of *** to be applied to the last days, if and when the member decided to cancelThis was explained to the member on multiple occasions at the front desk as to how the process worked and that he was not over charged for his last months duesTo the note of not being able to speak to the manager - the time period in which the member came in to the club to talk about his account was well after our business hours of 8a-8p and also outside of manager office hours of 8a-6pHis check-ins show time stamps of after 9pmThe manager did relay the information about his account to *** (the office manager) and she was able to speak to him on several occasionsThe manager did also reach out to him via phone twice during the stated date rangeHowever the calls were received with no answer
The system records show via his payment history that he didn't overpay for his "last months dues"
The member was asked for him to bring in a bank statement showing the overdraft on his account - which he refused to doAt this point it was decided to not pursue the conversation further
Initial Consumer Rebuttal /* (3000, 7, 2016/03/16) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I did speak to *** but only once I believeShe agreed that I had over paidI asked her for the manager to call me, and I asked her to note that this was the fifth time I had asked to speak to the manager, but she replied I'm not going to note that
She then a few minutes later called my home and left a message on my answering machine that unless I could show that I had paid a last months fee twice she did not believe that I over paidI returned her call a few minutes after her message and told her I would fax my bill to themAt first she said she did not know their fax number, but later told me XXX-XXXXI faxed my bill to them, but this response is the first I have heard back from themIf the manager has tried to call me I have not received any messages a manager of Max fitness

Revdex.com:
This letter is to inform you that Max Fitness has carried out to my satisfaction the resolution it proposed for my complaint, filed on 7/29/and assigned ID ***
Regards,

Initial Business Response /* (1000, 5, 2016/04/22) */
The complainants original month term expired 2/22/and auto renewed at that point to an open-ended month to month membershipPer our agreement a day written notice is all that is required to discontinue membership after the initial
month termMembership was used well passed the original expiration date all the way until Oct No cancellation was submitted by the memberMembership, per our agreement, is not based on usage of the facilityNoted to the account were two email attempts of contact regarding the balance (1/11/and 2/19/16) and one phone call (3/18/16) prior to being submitted to the collections agencyIn further contact with our billing manager on 4/11/and 4/18/16, the member declined a compromised amount when they requested to be able to pay compromised amount and rejoin/reinstate their membership

Sent: Monday, January 15, 11:AM Subject: complaint id -*** To Whom it may concern, We have spoken to Ms*** regarding her issue and have resolved with herShe was offered months credit at the end of her membership agreement for the dues she was charged prior to club
opening.? She requested we send her this in writing, below is the email thread.? Thank you? In health, Marta *** TX Corporate Administrator (956) 800-DISCLAIMER: The information in this electronic mail message is sender's Confidential business and is legally privilegedIt is intended solely for the addressee(s)Access to this Internet electronic mail message by anyone else is unauthorizedIf you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on it is prohibited and may be unlawfulThe sender believes that this E-mail and any attachments were free of any virus, worm, Trojan horse, and/or malicious code when sentThis message and its attachments could have been infected during transmissionBy reading the message and opening any attachments, the recipient accepts full responsibility for taking protective and remedial action about viruses and other defects***? is not liable for any loss or damage arising in any way from this message or its attachmentsUnder any circumstances no material may be transferred to a third party without the expressed written permission of ***---------- Forwarded message ---------- From: Erika *** Date: Mon, Jan 15, at 11:AM Subject: Fwd: Contract and Time back honored - *** *** To: Marta *** ---------- Forwarded message ---------- From: Erika *** Date: Tue, Jan 9, at 1:PM Subject: Contract and Time back honored - *** *** To: *** Afternoon Ms*** ***,? As per our conversation earlier, I am providing you a copy of your membership contractWould like to? inform you we will be honoring months time back at the end of your membership contractThe months will begin on Oct 7, until Feb7, Please keep in mind if you decide to cancel, we do require a day notice before the next draftIn this case if you would like to cancel please process your request at the club before Aug.7, The months that we are honoring will not be drafted within the months of Oct through Feb 2019.? Please let me know if you have any questions.? -- Thank you in advance, ? Erika *** Executive Administrative Assistant for Tru>Fit Athletic Clubs fax DISCLAIMER: The information in this electronic mail message is sender's Confidential business and is legally privilegedIt is intended solely for the addressee(s)Access to this Internet electronic mail message by anyone else is unauthorizedIf you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on it is prohibited and may be unlawfulThe sender believes that this E-mail and any attachments were free of any virus, worm, Trojan horse, and/or malicious code when sentThis message and its attachments could have been infected during transmissionBy reading the message and opening any attachments, the recipient accepts full responsibility for taking protective and remedial action about viruses and other defects***? is not liable for any loss or damage arising in any way from this message or its attachmentsUnder any circumstances no material may be transferred to a third party without the expressed written permission of ***

Revdex.com:
I have reviewed the response made by the business in reference to my concern, and find that this resolution is satisfactory to me.

Initial Business Response /* (1000, 8, 2015/09/22) */
Contact Name and Title: Pete General Manager
Contact Phone: XXXXXXXXXX
Contact Email: [redacted]@maxfitnessftw.com
This dispute was handled between the member and the ownership of Max Fitness of Fort Wayne. An Understanding was reached where the...

member would have the opportunity to try out the facility for free for a period of time. It was explained that Max Fitness was only standing in to honor the membership after her initial fitness club had closed - and was not in fact collecting money from the member. The dues where issued from Anytime Fitness and where being billed within the constraints of the afore mentioned agreement. After the members initial trial - the members Anytime fitness membership (which was being honored by Max Fitness, as Anytime had closed) would be canceled. There are no future charges to come out of the members account.
OFFER:

This member had the funds refunded to him on 5/26/2015.

Revdex.com:
This letter is to inform you that Max Fitness has carried out to my satisfaction the resolution it proposed for my complaint, filed on 7/29/2016 and assigned ID [redacted]
Regards,

Initial Business Response /* (1000, 5, 2016/08/29) */
Contact Name and Title: [redacted], GM
Contact Phone: XXXXXXXXXX
Contact Email: [redacted]@maxfitnessftw.com
We did receive a letter in the mail pertaining to the members account. This letter was post marked for 7/28/16. Based on this post...

marked date, this is considered the beginning of a member's 30 day notice to cancel their membership. Per their membership agreement, A 30-day notice means that - 30 days from a members next bill date, the membership is to conclude.

The August billing date of 8/20/2016 (fell on the 22nd since the 20th was a Saturday) falls within this 30-day period (7/28/16-8/28/16) of which the member is responsible for any billing during their notice.

Per the agreement the member was billed (during the 30-day notice) and the account will go from the Cancel Pending status (issued on 7/28), into a Terminate status as of 9/15/16. No more billing is to be pulled from the account after this point.
Simply stating in a letter that one wants the termination to be "effective immediately," does not negate the written terms of agreement with MaxFitness of Fort Wayne. This cancellation was processed in compliance to the terms and standards of the member's signed agreement with MaxFitness of [redacted]
As stated in Section 2 paragraph 23:


"23. Month to Month Cancellation: Member may also cancel this agreement after the CANCELLATION 3-DAY NOTICE period above has elapsed by giving written notice. ORAL CANCELLATION WILL NOT BE VALID. Member must return membership card with a written notice of cancellation. Member agrees to give thirty (30) days written notice of cancellation effective after the following billing date. Cancellations must be submitted five days prior to billing date for current month's invoice to be considered the last billing date. Member is responsible for all scheduled invoices which may include: monthly dues, annual dues, or any other invoices accrued during the cancellation notice. Notice of cancellation is considered given, if by mail when postmarked, or if by hand delivery when delivered to Max's place of business. Such notice should be sent to the address above. Member is responsible for verifying that the cancellation was received. All automatically drafted services require written cancellations. When cancelling add-on family members, the total recurring monthly dues shall be reduced by the lowest priced Recurring Monthly Dues of the add-on plan."
Initial Consumer Rebuttal /* (3000, 7, 2016/08/29) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I cancelled the membership on 7/28/16, not 9/15/16.
Final Business Response /* (4000, 22, 2016/09/13) */
In reference to the initial response issued on August 29, 2016:
"Per the agreement the member was billed on 8/22 (during the 30-day notice) and the account will go from the Cancel Pending status (issued on 7/28), into a Terminate status as of 9/15/16. No more billing is to be pulled from the account after this point."
The account will be closed (Terminated) as of 9/15. No refund will be issued.
This is in line with the company cancellation policy - of which we have Mr. [redacted]'s signatures agreeing to the policy and process of cancelation. (See attached)
The ownership is in agreement on this issue - no further correspondence on this matter will be made.
Final Consumer Response /* (4200, 25, 2016/09/14) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I cancelled my membership on 7/27, not 9/15 almost two months later. I will leave this case open as my legal team determines next steps.

MaxFitness changed the terms of my contract without letting me know.I signed a contract with MaxFitness of Horn Lake based on their claim that showers would be available to me day and night with a 24 hr. membership fee of $19.95 a month. Night time was the only time I could use the facility because I care for my brain-damaged son during the day. I was assured everything would be available to me, including the women's showers 24 hours a day. However, later on the company posted a notice near the showers stating that the showers were closed at night and would not be available until 8 a.m. in the mornings. This meant I could no longer use the facility, because I needed access to the showers that were promised in my initial intake interview with Ms. [redacted]. However, I continued paying my membership every month because I promised them I would do that for one year, and I always keep my word. Integrity is important to me, and I thought it was also important to MaxFitness. After one year I went by MaxFitness to cancel my membership and was told at that time that I could have still used the facility's showers anyway---that it was their insurance company that made them put up the sign but that they did not really abide by it. This greatly troubled me, for it appeared that MaxFitness was not being a responsible company. I cancelled my membership and was told there would be one more month's charge because they had to have 30 days' notice. I was told by the clerk [redacted] that this would be the only other charge coming out of my bank account where MaxFitness was concerned. However, one month later my bank statement showed not one but two charges from MaxFitness, and I went to them to ask about the second charge. The same clerk Ms. [redacted] looked up my account and said I was being charged $29.95 as an annual fee. She said that it was in my contract that any charges such as annual fees that came due during the 30 days' notice of membership cancellation were still my responsibility. She should have told me about that charge when I was there a month earlier instead of telling me that I would only be charged for one additional month's membership and nothing more. Had I cancelled my membership a month sooner than I did, the annual fee would not have been applied. I asked Ms. [redacted] if I could speak with a manager but was told I could not do that. Ms. [redacted] pointed to a piece of paper on the wall with a phone number that I could call with billing questions. I wrote down the number and called it when I returned home. This was an outside company that handled the billing for MaxFitness but nothing else. Ms. [redacted] with this company was kind and polite but could do nothing for me. I am very disappointed that MaxFitness of Horn Lake, MS is quick to take its clients' money but refuses to work with them on issues like this one. Desired SettlementBecause MaxFitness failed to notify me as their 24 hr. client that they had closed the women's showers at night, and because I continued in good faith to fulfill my promised to pay a monthly membership of $19.95 for the full term of my one-year contract, MaxFitness should refund me the monthly membership fee from the time they posted the sign in their facility that announced the closing of the women's showers at night. I also believe MaxFitness should refund me the $29.95 annual fee that was recently charged to my account after I had already given 30 days' notice of my membership cancellation.Business Response We at Max Fitness pride ourselves in providing the best options for health and fitness. When members join our facility, they are given a complete print out of their agreement which clearly explains not only the rules and regulations of the club, but their financial responsibilities as well. We also state that we reserve the right to make changes to this agreement at any time providing that we post notification to our members. We treat all members equally as we follow our agreement exactly the way it is stated and printed out for the member. At the time of enrollment, the member is required to provide his or her signature in agreement with all contents stated and is given a printed copy as well so that he or she may refer back to all information explained at the point of sale at any time. We always encourage our members to read the agreements in full so that there are no questions or misunderstandings in what they are signing and agreeing to. Final Consumer Response While Max Fitness is within their legal rights to abide strictly by the terms of their contract with me, I am disappointed that their response has been and still is impersonal and cold. However, because I am a follower of Jesus Christ, I choose to abide by His instructions "Give to everyone who asks you, and if anyone takes what belongs to you, do not demand it back. Do to others as you would have them do to you." Luke 6:30-31 (NIV) Therefore, I choose not to pursue this issue with Max Fitness.

Company continues to bill my credit card after cancelling service, even after several phone calls and letters.I cancelled my membership with [redacted] Fitness several months ago, received a cancellation e-mail, and spoke with several people on the phone. Even six months after my membership was cancelled, this company continues to bill my credit card $24.95 a month. What is peculiar is that I never had the $24.95/month package, I had the $14.95 package. [redacted] Fitness refuses to cease billing, and I have spent many hours with my credit card company disputing these charges. These extremely deceptive charges have made it clear that nobody under any circumstances should do business with this place.Desired SettlementI need all charges from the past 6-8 months reversed, and my account closed permanently. Because of Max Fitness, I feel like I have no choice but to have my current credit card destroyed and receive a new card so I can no longer be billed. Compensation for my time and efforts would also go a long way in settling my aggravation regarding this company.

Review: This complaint is actually against [redacted], which is at the address listed for Gold's Gym. I am unsure why [redacted] is not listed, but they took over the location that was formerly Gold's Gym several years. My complaint is regarding billing. In December, I informed [redacted] that I did not want my contract to automatically renew in January. We had already fulfilled our contract, and I did not want to have the account switch over to month-to-month and incur new charges, as we were planning to re-locate. I received a receipt and a note was made in their system.A few months later, I realized they had continued to charge us for 2 additional billing cycles ($100). When I inquired, their general manager told me that I could not cancel in December, as I was under contract at the time. However, he was unable to tell me what I could've done to avoid being billed, and refused to refund the money. Despite advanced notice and documentation, he was dismissive and unhelpful. I have worked at gyms for years, and even I am surprised at how poor of a business practice this is. I gave advanced notice, I was not told by anyone at the time that I could not do this, and I was not informed that I would continued to be charged. In my eyes, everything that was done wrong was on [redacted]'s end, and I am being left with the bill. On top of that, I am being told by their general manager that I am probably the type of person that has this happen all the time. I have never filed a complaint with the Revdex.com; I have never even left a negative review for a business on yelp. This is customer service at its worst, and I'd appreciate any kind of assistance on the matter. It's not really about the money at this point (although I would like it back); it's more about making sure others don't fall victim to the type of bad business in the future. Thank you for your consideration.Desired Settlement: $100 refunded. Notification to owner of poor customer service form their general manager, [redacted]. Better practices put in place to make sure this doesn't happen to others.

Consumer

Response:

As stated in the contract, member can send in notice (in writing) 30 days in advance of contract renewal. It is not in dispute that I did this and that I did it 30 days in advance and in wiritng. They are not holding up their part of the contract.

Review: The club took out 99.99 X 3 totalling 300.00. This was supposed to be for free due tous transferring from another gym. I am VERY upset that they charged us the 299 and no one will help us. They said it was a mistake and gave me an email to contact to resolve the error. People have been supposed to call me back and no one has returned our calls. VERY discusted at this gym!!Desired Settlement: REFUND THE 299 you charged in error!!!

Business

Response:

This member had the funds refunded to him on 5/26/2015.

Consumer

Response:

I have reviewed the response made by the business in reference to my concern, and find that this resolution is satisfactory to me.

Review: Paid for entire year of gym membership. Went to gym on 3/28/2015;was told fitness evolution had taken over maxfit and that they will not honor my membership. I want my money back. I paid $279.Desired Settlement: Refund me my money.