McMillon Movement Inc

Gold's Gym stands behind the agreement signed by [redacted].  The two employees that were involved when the agreement was written have both written statements stating that Mrs. [redacted] was aware of the agreement she was signing.  Those statements are attached.  We have also attached a text message from [redacted] to her trainer requesting to reschedule her appointment, clearly Mrs. [redacted] was aware that she signed up for personal training, hence contacting her trainer.  Gold's Gym is prepared to help Mrs. [redacted] reach the health and fitness goals she has set for herself.  Thank you.

[A default letter is provided here which indicates your acceptance of the business's response.  If you wish, you may update it before sending it.]
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.  The company did not help. I contacted [redacted] to cancel my membership and they offered me this option. Golds Gym had nothing to do with it although they are taking the credit.

Sent: Friday, February 05, 2016 12:11 PM Subject: Complaint ID: [redacted]   Good morning, After reviewing [redacted]'s account details, the gym membership was purchased before the Personal Training agreement. The 30 Day Money Back Guarantee Programs do not apply to the Personal Training...

packages. At the time of presenting the gym membership, the 30 Day Money Back Guarantee was also presented.  According to the notes taken by a club representative, she was explained the 30 Day program did not apply to the Personal Training at the time she downgraded her package. This member still had the option to 3 day cancel at the time of her downgrading.  Gold's Gym does apologize for any inconvenience caused by the misunderstanding and hopes the member is receiving, and will continue to receive, excellent services while taking advantage of the Personal Training sessions that were paid for.  Attached is the gym membership and Personal Training agreements that were signed, for review. The Notes from Paramount, the personal training system, are attached as well.  Thank you,   Ashley S[redacted] Club SpecialistGold's Gym Houston (Corporate) [redacted]
[redacted] Phone: 281-259-[redacted] Fax: 281-500-9349

Gold's Gym is very consistent in holding members to the terms of their agreement, just as we take seriously our part in providing a first class work out environment to uphold our end of the agreement.  Mr. [redacted] signed both the Membership and Personal Training agreements confirming that he...

read and understood the terms of his agreement.   I have attached both the Membership agreement and the Training agreement where you can see the 3rd page of the training agreement is the "Buyers Agreement Acknowledgement".  Both agreements contain the specific requirements for cancellation and the responsibilities of the member.  Mr. [redacted] received a copy of each when he joined and was also emailed a copy.  Gold's apologizes if it appears the staff is not helpful but they in fact are just doing their job, informing the member that they are held to the terms and conditions of their agreement and the cancellation policies.  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.  I appreciate the prompt response; however, I've reviewed my agreement again and compared it to the version Gold's Gym provided in their response and they do not match.  I have attached a copy of my original agreement with Gold's Gym for review.  On my signed agreement, there is no statement regarding the right to raise my rates.   In fact,the Miscellaneous section of my agreement states that rates would increase to adjust for an increase in sales tax; which to my knowledge would not apply in this case.For these reasons I feel Gold's Gym is unjustified in raising my rates and I would like the former rate to be reinstated and honored.
Regards,
 [redacted]

Good morning,After reviewing this member's complaint, his account has been cancelled and refunded per the 30 Day Money Back Guarantee as of 2/12/16. The amount was refunded back to the card on file, and he should receive this refund within 5-7 business days. Thank you,

[A default letter is provided here which indicates your acceptance of the business's response.  If you wish, you may update it before sending it.]
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.  
Thank you very much. I am very happy with the results.[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.  
Attached is documentation of receipts
proving that both the Membership Agreement and the Personal Training Agreement
were initially signed and paid for on the same day (July 3, 2015). The date of
July 9, 2015 is shown on the Personal Training Agreement because the initial
trainer explained that the date on the contract reflected the first personal
training session, of the contract signed on July 3, 2015. Therefore, the
statement by Ashley S[redacted], "the gym membership was purchased before
the Personal Training agreement" is incorrect. 
 
Also, during the time of initially
signing both contracts on July 3, 2015, it was never explained by the employees
or manager that the 30 Day Money Back Guarantee was voided if a Personal
Training Agreement was signed. Only after I followed the directions to cancel
within 28-30 days via Certified mail and informing Mario [redacted], the gym
manager, (via email) of my cancellation request did they respond with the
following: 
 


S[redacted]





8/6/15


[redacted]
 We received your cancellation
request for your membership for the 30 day money back guarantee. However, once
a member signs a personal training agreement it voids the 30 day money back
guarantee option. This is because a member cannot cancel a membership agreement
if they are currently involved in a personal training agreement as well. With
that being said, in the state of Texas everyone has 3 business to cancel any
agreement or contract and receive a full refund with no penalty. Since it is
past that 3 day window for both your personal training agreement and your gym
membership agreement we cannot cancel either on at this time. The only two ways
a member may get out of a personal training agreement before the contracted
year is up, is if they become permanently disabled or if the move 25 miles or
more away from any Gold's Gym in the Houston area. If you have any more
questions feel free to contact myself or Mario at the number listed below.
Shannon [redacted]
Operations Manager
Gold's Gym The Woodlands
6511 FM 1488 Magnolia, TX 77354
Phone # 281-259-[redacted]
Fax # 281-259-0951
 
Prior to submitting my cancellation
request, I did sit down with Mario [redacted], the gym manager at the time, to
complete the PT/Signature Program Cancellation Request Form (attached) on July
8, 2015. At this time I did downgrade my Personal Training package, however, it
was never explained that a Personal Training Agreement voids a 30 Day Money
Back Guarantee cancellation request. 
 
The PT/Signature Program Cancellation
Request Form also states that, "Gold's Gym requires a 30 day
written notice in order to cancel. This request will start your 30 days. This
means, if you have a payment that falls within the 30 day period, you will be
responsible for that payment. In the event member qualifies to buyout of
agreement, member is liable to pay buyout within 30 days of cancellation
request. Member's account will not cancel until buyout has been processed.
Request must be resubmitted if buyout is not processed within 30 days."
 
Due to the fact that Gold’s Gym will
not honor the 30 Day Money Back Guarantee, as it explains in writing and explained
to me by their employees, I will continue to pay for services so that my credit
is not affected negatively. However, I stand by my initial complaints and am
not satisfied with the way Gold’s Gym does business.  
Regards, [redacted]

Sent: Thursday, February 18, 2016 9:57 AM Subject: Complaint ID: [redacted]   Good morning, This member's account has been cancelled and removed from collections. Thank you for serving our country.   Thank you,   -- Ashley S[redacted] Club Specialist Gold's Gym Houston (Corporate)...

[redacted]

Sent: Thursday, February 04, 2016 4:23 PM To: [redacted] Subject: Complaint ID: [redacted]   Good afternoon, Per the agreement that was signed between Gold's Gym and [redacted], the member may cancel if they become totally and permanently disabled after the date the...

contract takes affect. The member must be able to provide proof from their doctor, on a letterhead, stating they've become permanently disabled. The member did not qualify to cancel per medical at the time of her requests because Gold's Gym did not receive sufficient proof from this member.  The member spoke with [redacted] in June 2015 and to a club representative in August 2015 in regards to the cancellation and what needed to be provided in order to qualify. The club was informed by the member that she was going to contact [redacted] and take advantage of the $100 buyout option.  The member is responsible for the agreement that was signed and will need to contact [redacted] to resolve the debt on file in order to cancel. Gold's Gym does stick to the terms and conditions that were signed by the member. Attached is the agreement and notes taken by the club representatives and by [redacted] representatives for review. Thank you,   Ashley S[redacted] Club Specialist Gold's Gym Houston (Corporate) [redacted]
[redacted]

On February 10, 2015 Gold's Gym Houston entered into a Member Transfer Agreement with [redacted].  [redacted] Houston was closing their Barker Cypress location and this agreement provided the Blast members the opportunity to continue working out without interruption.  Notification...

concerning the transfer of the memberships to Gold's Gym was [redacted]'s responsibility.  It is understandable that not all members were immediately aware of the transfer and while some appreciated the opportunity provided by Gold's, it did not work for others.  [redacted] has the option to cancel her Gold's membership as requested.  Effective today, February 24, 2016, her membership has been cancelled with no further payments due.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.  
omplaint Detail / ProblemComplaint Type:Billing or Collection IssuesselectProblem:I was trying to cancel my membership and paid my fees then was told the account had to be current in order to close. I did this had an email from the owner Matthew S[redacted] then receive a collection request saying I owed them money. I sent the info showing all had been paid to the agency and Golds said I still owedTranslateDesired Resolution / OutcomeDesired Resolution:Billing AdjustmentselectDesired Outcome:Clear my account once and for all

The 24 hour cancellation policy is required to protect the trainers.  The trainer has scheduled the client at that specific time, prepared their training plan for them and if adequate cancellation notice is not given they are unable to fill that time slot.  Like all working professionals...

paid hourly, the trainers depend on these scheduled sessions to meet their financial commitments and to support their families.  I am sure Ms. [redacted] can understand the importance of such a policy, the same policy that is used for any professional appointment;  Dr, dentist, hair, etc.  This certainly is not an uncommon practice to protect employees.  It is important to Gold's that clients are aware of what they are signing for and for that reason the clients are given a copy of their agreement at the time of the sale and an electronic version is also emailed to the email written on the agreement.  Unfortunately I see that Ms. [redacted]'s email was written incorrectly at the point of sale on 3/7/15 and her original email was returned.  The email was corrected on 3/13/15 and Ms. [redacted] has been receiving an email for each session she has trained.  Since joining on 3/7/15 Ms. [redacted] has used 27 of her sessions.  The 24 hour cancellation policy can not be altered due to it's importance for the reasons previously stated.  As long as Ms. [redacted] communicates with her trainer and gives adequate notice there is no reason she can not continue to use her sessions and continue moving forward with her fitness goals.  Thank you.

Dear Mr. [redacted],After reviewing the account, the billing company is indeed stating they did not receive a cancellation request.  The agreement specifically states to send request via certified mail, this requirement is to protect the consumer and to avoid these exact situations.  It is...

impossible to take action on a request we never received.  The billing company did inform you if you can provide the receipt for the certified mail we can proceed from there.This is in no way an attempt to "scam" you out of your money.  We will be more than happy to process the cancellation request as soon as we actually receive it.Thank you.

Gold's Gym had no intentions of being disrespectful. The proof that is attached is satisfactory to remove the account from collections and cancel.  [redacted] has been contacted to remove the debt with their office. The account has successfully been cancelled with no further due. Gold's Gym does apologize for any inconvenience this may have caused you and wish you nothing but strength and wellness in the future. Thank you,