New York Fitness Clubs

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the responseIf no reason is received your complaint will be closed Administratively Resolved] Complaint: [redacted] I am rejecting this response because: The initial facts are being ignoredAs stated in our many phone calls with NY fitness it was explained to us that we did not need to do anything prior to leaving the State due to job relocationAgain this was said to us in person from NY fitness staff prior to our departureThey simply stated that our membership would "run out" and nothing was needed to be done to cancelPlease explain to me why this was told to us in person while we were still members? Then it wasn't until the drafts continued was reason for the repeated phone callsCertainly if it was brought to our attention that prior to leaving that we needed to send a written letter of cancellation we certainly would'veAgain the NY staff said we did not need to provide this and our membership would simply run out Second to this we were told repeatedly that the manager would call us us but again this never took placeLastly, we have mailed our cancellation letter to NY Fitness Regards, [redacted]

[redacted] joined on 2-8-and she asked for plan A when Chris the employee got to point of sale the sign up fee which was $and first month of $ [redacted] said she didn't want to pay that and wanted Plan B so to get out of that screen he didn't know how to do that so he completed the sale choosing "cash" which he DID NOT COLLECT from [redacted] he then went back to her agreement in the system and changed it to Plan B which was zero start up fee and first month dues of $which she paid with her credit card only $ So at 7:49am chris cleared out the Point of sale screen the only way he knew how to get rid of it At 7:50am he changed it to Plan B and collect the $first months dues for plan B [redacted] was given her contract for Plan B which is $a month no start up [redacted] did not have her husband present to sign for the credit card so the contact for Plan B which is $a month sat in our queue for a month while [redacted] used the club with alerts that we need [redacted] signature - and since she would continue to use the club without us having his signature we then alerted the account she can no longer use the gym without getting his signatureShe was told each time until the manager called her on 2/27/at 11:am that unless she brings in Ronald or has her own banking information to use that she could not use the gym at all She told him her husband isn't physically able to come into the gym and he explained then she would need to bring in her own billing information She came in on 3/5/and told the staff she now wants to do the Plan which she paid at that time $with her credit card Since her agreement was still in the queue and not a contract that can be processed without proper signatures from the person who owned the credit card she chose to put on file we allowed her to switch her contract reluctantly since she used the gym for a whole month for only $and a one month membership costs $ Being that she only paid for her plan A ,membership on 3/5/with all proper signatures and billing her contract can only start on that date of 3/5/ She was then given a copy of THAT plan A contract dated 3/5/to start on that date voiding out the prior contract she signed for on 2/8/ Again [redacted] was given a copy of everything that day at 6:06am [redacted] has been told over and over that she never paid the $she claims in cash We also have cameras and the drawer totals were checked When Chris made the mistake he called me to void it as [redacted] NEVER paid that amount On 4/15/she called the gym about paying this "extra" $and he told her that she would need to bring in her original receipt showing in fact that she paid $she said she doesn't understand why she would need to as we should have it in our system In our system it is voided as it was a mistake and since it's voided it will not show what she is claiming If she in fact paid that amount then she would of been given a receipt for that amount but she was given a receipt for the $she paid for Plan B because she never paid for plan A until later on 3/5/in which she paid again with her credit card, not cash for the amount of $ So at 7:49am [redacted] is claiming to have paid $cash and turned around a minute later and pay another $in which she used her credit card and I'm not sure why she would pay $for a $a month membership?? Our system is automated to take the employee to the point of sale and automatically puts the amount of the start up fee and first months dues in the point of sale The employee does not have the ability to manually enter those amounts, is all automated according to the contract the member chooses We did go a step further for [redacted] in the outside chance was confused and did actually collect $cash, we reviewed the tapes and there was no cash exchanged by [redacted] and the employee chris Again Chris called me with the mistake to fix it so his drawers wouldn't show they were short This has been explained to [redacted] on numerous occasions She now has explained to the staff she is "mad" because we had a Fitness Challenge where IF you refer a member to join the fitness Challenge you receive 50% off your priceSo to join the fitness challenge which full price was $and you put $down and the other $is due at the start of the challenge [redacted] did NOT refer a member and her account was alerted that she must pay the other half of her fitness challenge The member that [redacted] claimed she referred, this particular person stated that she in fact doesn't even know who [redacted] is and has never even spoke to her and the person that [redacted] used to receive her $discount sign up for the challenge long before [redacted] signed up therefore she was NOT her referral Since there was some dishonesty on the part of the staff and [redacted] using the name of a person that was not actually her "referral" since our staff seem to have a part in this for [redacted] to use a person that was not a true referral to save [redacted] $we did not end up making [redacted] pay the $she technically should of paid for Below is a copy of [redacted] 's check ins and the alerts that went off after she signed up for Plan B 2/8/ This has been explained numerous times to [redacted] If you have any further questions or concerns please don't hesitate to contact me Sincerely, Mary F* 03/05/06:AM [redacted] ALREADY CHECKED IN, Not allowed to use gym, need [redacted] sign on e 03/05/05:AM [redacted] Not allowed to use gym, need [redacted] sign on e 02/27/05:AM [redacted] Check Agrmt Status Queues, need [redacted] sign on e 02/26/05:AM [redacted] Check Agrmt Status Queues, HAPPY BIRTHDAY, need [redacted] sign on e 02/21/05:AM [redacted] Check Agrmt Status Queues, need [redacted] sign on e 02/20/05:AM [redacted] Check Agrmt Status Queues, get picture, need [redacted] sign on e 02/19/05:AM [redacted] Check Agrmt Status Queues, get picture, need [redacted] sign on e 02/12/05:AM [redacted] Check Agrmt Status Queues 02/08/07:AM ***

We offer one day passes for $10, one week memberships for $and short term month memberships - for month $- months for $and month short term for $79.96. We have one year memberships that are only $a month per month. Im sure everyone would like to just pay $
for a month when they feel like using the gym but if you only want to use the gym for a short period of time you can buy the short term memberships, I understand they cost more than $per month but then that is why short term members pay more. We are not high pressure the cost of the memberships are available on line and at the club. We do not have "sales people" that sell Memberships. The costs are what they are there is no negotiation they are what they are. It is the Members choice to pick what is best for them to fit their needs. We have front desk staff that sign people up for memberships but they also make shakes and sell cooler drinks and clean bathrooms. They are not sales people therefore they do not make commissions they are paid by the hour therefore it would not benefit them to sell someone one particular membership over anotherThe contracts are simple. If you choose the less expensive membership for a longer term if you choose to cancel that membership at anytime you may with a cancellation fee since in Ms*** case she paid zero $start up on 12/23/ and her first payment wasn't even due until Jan of - she was given a week free use of the gym with NO payment. Ms*** also was a member prior to this 4/20/where she didn't pay a start up at that time either. She then said she was canceling 4/27/for that membership stating she was moving which was fine and paid her final months dues at the club and her account was cancel. So Ms*** was a member before and canceled before per the contract without any complications. Ms*** knows everything is the same as the last time she signed up for a membership. The contract is simple. It is a one year contract that has NO START UP FEE and only $a month after one year we put our members on a month to month membership. We do NOT make them be locked into a year to year membership. Its simple after the one year they go on a month to month membership and may cancel at any time providing a one months notice in WRITING to the club addressIf a Member would choose not take the option of a month to month membership and would wish to cancel at the end of their one year AGAIN simply send in writing at ANYTIME to the clubs address they wish to cancel the agreement which is written therefore we need a written request from member to cancel the contract. This can be done on day ONE or day or day of their contract this doesn't have to be only be done at day before their contract would end. We cannot take phone calls as there is no way to verify the person on the other end is in fact the person who owns the membershipThey signed a written agreement to end this agreement it must be put in writing also. No one needs to have authorization from a staff member to cancel and they certainly do not need to call the gym to get permission or come into the gym to cancel. Simply mail a letter to the clubs address wishing to cancel. It's that easy and that simpleYes, as a courtesy we offer a form at the front desk for members to cancel their memberships as Ms*** did in but that is not needed to cancel. All that is needed to cancel is the member mailing in a letter to the clubs address which is written on the contract. The staff is not trained to tell anyone otherwise - Yes they can come into the club if that is easier or they don't have to. We get letters all the time from members wishing to cancel their memberships and they are processed the same as someone dropping their letter off at the front desk(which we get also) or filling out a cancelation form. On the cancelation forms we offer as a courtesy we give a carbon copy to the member should there be an error and their account would not get canceled they have that copy. If a Member chooses to mail in their letter it's best to send it with a return receipt so they know it was in fact delivered. As I said Ms*** had a previous membership in which she had no problem canceling in and if she in fact wished to cancel this one at an earlier date all Ms*** simply had to do is put it in writing delivered via in person or via US mail to the clubs address. All staff is trained to explain to anyone that calls they cannot take cancelations over the phone, they must be put in writing and delivered to the clubs address and if that was Ms***'s intent with months left in her contract that would of been more than enough time to cancel her contract but yes it would of taken Ms*** writing a letter and mailing it and I'm sure a phone call is a lot easier but we cannot cancel anyone's membership via a phone callAs I said that is not verification of the person who is calling that the contract in fact belongs to that personWe have allowed husband's to cancel their wife's membership without written consent from the wife in the past as a courtesy only to find out the wife had no intentions of canceling her membershipTherefore, the person wishing to cancel their membership MUST put in writing with their signature they wish to cancel as we then can show the matching signatures from the contract to the cancelation request to anyone who may state later they did not wish to cancel their membership. If Ms*** wished to cancel this new membership as she did her prior one, she would know that it must be put in writing. The law states that the automatic draft must be stopped within days of written request to cancel. Ms*** paid $at the club on 1/27/when on that same date she gave in writing her days written notice to cancel her membership in which was credited to her 2/1/15 membership dues. Ms***'s cancelation request was processed and she is no longer bound to the terms of her contract the same as when she canceled a previous contract she had with us in 2010. Members have the option of letting their monthly dues draft or they pay that month at the club. Ms*** chose to pay it at the club and it was credited

[A default letter is provided here which indicates that the business has not responded to you directly. If you wish, you may update it before sending it.]
Revdex.com:
At this time, I have not been contacted by New York Fitness Clubs regarding
complaint ID ***
Regards,
*** ***

It was explained to *** *** that if he and his wife do not want to renew their memberships, all they must do is simply stop in the gym to cancel as a courtesy we have cancellation request forms they can fill out or as in the contract they simply have to mail
in a written letter, if they can't stop in, to the clubs address to cancel. It is that simple. It must be in writing, we cannot take cancellation requests over the phone as there is no proof we are in fact speaking to the member. It is a written contract therefore to cancel any part of it, it must be in writing that they in fact want to cancel and signed by both members since there are two in this case. One letter, *** and ***'s signatures that simpleOn 10-16-- This is the first correspondence from *** by telephone at 8:56am where *** said that he was told his account would just cancel. At that time it was explained to him that he must send a letter stating that him and his wife wish to cancel their memberships, that simple
11/8/3:41pm *** *** called and it was explain again simply send in a letter signed by both they wish to cancel so that we can process their cancellations. *** *** explain they stopped in the gym in Sept to cancel and was told they have to nothing. I do not have any record of them being in the gym in September 2014, if they had been there we have forms at the front desk they may use as a courtesy to cancel they could just write it on a piece of paper. We searched all records to see if there was anything done at that time and we have no records. It was explained to her that if in fact they did just send us a copy of the letter, we researched every avenue to see if in fact they did do a cancelation and all records to see if there was a mistake on our part11/10/-5:46pm Eric, senior staff member, called *** *** and left a message as they requested a call back and Eric repeated the same information, just simply send in a letter they wish to cancel per the contract, days written notice to cancel
11/10/9:25pm *** called back and the notes state "she called back and very appreciative that I called her and they will send a certified letter for cancelation but would like to have a manager call them to clarify the whole situation again*** emailed and again it was explained to send in a letter to cancel in writing. Finally on 12/24/we received a letter of cancelation by mail. I do not understand why after being told over and over that is simply all they needed to do and after *** said that is what in fact they would do that it was not done until days later
The contract states that you may cancel this agreement at anytime providing a day written notice mailed to the clubs address. This was continuously repeated to both *** and *** that is all they simply needed to do. Normally it's days notice to cancel and they would of been responsible for their membership dues, due on January 7, as that would be within the days notice. As a courtesy, after finally receiving their letter to cancel on December 24, 2014, we immediately canceled both memberships and as good will effort we did this with no further billing.
We have a reasonability to the member, and cannot do anything to their account without their written permission. In the past, as a courtesy we have canceled husband or wives membership on the word of the opposite spouse trying to be accommodating to the members only to have the opposite spouse come back angry they did not in fact want their membership canceled. Even worse we accepted an email cancelation from a gentleman that explained his daughter had passed away suddenly and he was forced to shut down all her accounts and this way very hard losing his daughter. We sympathized with him and processed her cancelation reason being deceased and that is an immediate cancelation. Two weeks later this young lady checked into the gym and the alert went off that her membership had been canceled. She was confused to why her membership was canceled and the word deceased being the reason pops up in read. It was explained to her that her father had emailed to cancel her Membership. Obviously, we did not repeat what he had said in detail as that would not be a nice thing to hear that your Dad said about you. She was upset as she stated I don't know why my Dad would do this but I want my membership. Horrible situation for everyone. Since these problems we have no choice to stick to the rules and guidelines off the Membership Agreements as they are written that way for many reasons. We hear all kinds of stories and when we have cancelation requests in writing with signatures that match the original signatures on the agreements, we are able to pull those at anytime and are able to say that you signed her that you wished to cancel. Without cancelations in writing we have nothing to prove you say you are who you are and we just cannot let spouses cancel for one another as it causes trouble every time we have done this
If you have any further questions or concerns, please don't hesitate to contact meSincerely,
Brandon L***, General Manager

[redacted] joined on 2-8-14 and she asked for plan A when Chris the employee got to point of sale the sign up fee which was $99 and first month of $10 [redacted] said she didn't want to pay that and wanted Plan B so to get out of that screen he didn't know how to do that so he completed the...

sale choosing "cash" which he DID NOT COLLECT from [redacted]. he then went back to her agreement in the system and changed it to Plan B which was zero start up fee and first month dues of $19.99 which she paid with her credit card only $19.99.  So at 7:49am chris cleared out the Point of sale screen the only way he knew how to get rid of it.  At 7:50am he changed it to Plan B and collect the $19.99 first months dues for plan B. [redacted] was given her contract for Plan B which is $19.99 a month no start up.   [redacted] did not have her husband present to sign for the credit card so the contact for Plan B which is $19.99 a month sat in our queue for a month while [redacted] used the club with alerts that we need [redacted] signature - and since she would continue to use the club without us having his signature we then alerted the account she can no longer use the gym without getting his signature. She was told each time until the manager called her on 2/27/14 at 11:22 am that unless she brings in Ronald or has her own banking information to use that she could not use the gym at all.   She told him her husband isn't physically able to come into the gym and he explained then she would need to bring in her own billing information.  She came in on 3/5/14 and told the staff she now wants to do the Plan which she paid at that time $109 with her credit card.  Since her agreement was still in the queue and not a contract that can be processed without proper signatures from the person who owned the credit card she chose to put on file we allowed her to switch her contract reluctantly since she used the gym for a whole month for only $19.99 and a one month membership costs $39.98.  Being that she only paid for her plan A ,membership on 3/5/14 with all proper signatures and billing her contract can only start on that date of 3/5/14.  She was then given a copy of THAT plan A contract dated 3/5/14 to start on that date voiding out the prior contract she signed for on 2/8/14.  Again [redacted] was given a copy of everything that day at 6:06am.   [redacted] has been told over and over that she never paid the $100 she claims in cash.  We also have cameras and the drawer totals were checked.  When Chris made the mistake he called me to void it as [redacted] NEVER paid that amount.  On 4/15/2014 she called the gym about paying this "extra" $100 and he told her that she would need to bring in her original receipt showing in fact that she paid $100.00 she said she doesn't understand why she would need to as we should have it in our system.  In our system it is voided as it was a mistake and since it's voided it will not show what she is claiming.  If she in fact paid that amount then she would of been given a receipt for that amount but she was given a receipt for the $19.99 she paid for Plan B because she never paid for plan A until later on 3/5/14 in which she paid again with her credit card, not cash for the amount of $109.00.  So at 7:49am [redacted] is claiming to have paid $100 cash and turned around a minute later and pay another $19.99 in which she used her credit card and I'm not sure why she would pay $19.99 for a $10 a month membership??  Our system is automated to take the employee to the point of sale and automatically puts the amount of the start up fee and first months dues in the point of sale.  The employee does not have the ability to manually enter those amounts, is all automated according to the contract the member chooses.  We did go a step further for [redacted] in the outside chance was confused and did actually collect $100 cash, we reviewed the tapes and there was no cash exchanged by [redacted] and the employee chris.  Again Chris called me with the mistake to fix it so his drawers wouldn't show they were short.  This has been explained to [redacted] on numerous occasions.  She now has explained to the staff she is "mad" because we had a Fitness Challenge where IF you refer a member to join the fitness Challenge you receive 50% off your price. So to join the fitness challenge which full price was $360 and you put $180 down and the other $180 is due at the start of the challenge.  [redacted] did NOT refer a member and her account was alerted that she must pay the other half of her fitness challenge.  The member that [redacted] claimed she referred,  this particular person stated that she in fact doesn't even know who [redacted] is and has never even spoke to her and the person that [redacted] used to receive her $180 discount sign up for the challenge long before [redacted] signed up therefore she was NOT her referral .  Since there was some dishonesty on the part of the staff and [redacted] using the name of a person that was not actually her "referral" since our staff seem to have a part in this for [redacted] to use a person that was not a true referral to save [redacted] $180 we did not end up making [redacted] pay the $180 she technically should of paid for.   Below is a copy of [redacted]'s check ins and the alerts that went off after she signed up for Plan B 2/8/14.  This has been explained numerous times to [redacted].  If you have any further questions or concerns please don't hesitate to contact me.  Sincerely, Mary F[redacted] 
03/05/2014 06:03 AM
[redacted]
ALREADY CHECKED IN, Not allowed to
use gym, need [redacted] sign on e
 
03/05/2014 05:47 AM
[redacted]
Not allowed to use gym, need
[redacted] sign on e
 
02/27/2014 05:52 AM
[redacted]
Check Agrmt Status Queues, need
[redacted] sign on e
 
02/26/2014 05:52 AM
[redacted]
Check Agrmt Status Queues, HAPPY
BIRTHDAY, need [redacted] sign on e
 
02/21/2014 05:48 AM
[redacted]
Check Agrmt Status Queues, need
[redacted] sign on e
 
02/20/2014 05:46 AM
[redacted]
Check Agrmt Status Queues, get
picture, need [redacted] sign on e
 
02/19/2014 05:46 AM
[redacted]
Check Agrmt Status Queues, get
picture, need [redacted] sign on e
 
02/12/2014 05:47 AM
[redacted]
Check Agrmt Status Queues
 
02/08/2014 07:52 AM
[redacted]

[redacted] joined on 2-8-14 and she asked for plan A when Chris the employee got to point of sale the sign up fee which was $99 and first month of $10 [redacted] said she didn't want to pay that and wanted Plan B so to get out of that screen he didn't know how to do that so he completed the...

sale choosing "cash" which he DID NOT COLLECT from [redacted]. he then went back to her agreement in the system and changed it to Plan B which was zero start up fee and first month dues of $19.99 which she paid with her credit card only $19.99.  So at 7:49am chris cleared out the Point of sale screen the only way he knew how to get rid of it.  At 7:50am he changed it to Plan B and collect the $19.99 first months dues for plan B. [redacted] was given her contract for Plan B which is $19.99 a month no start up.   [redacted] did not have her husband present to sign for the credit card so the contact for Plan B which is $19.99 a month sat in our queue for a month while [redacted] used the club with alerts that we need [redacted] signature - and since she would continue to use the club without us having his signature we then alerted the account she can no longer use the gym without getting his signature. She was told each time until the manager called her on 2/27/14 at 11:22 am that unless she brings in Ronald or has her own banking information to use that she could not use the gym at all.   She told him her husband isn't physically able to come into the gym and he explained then she would need to bring in her own billing information.  She came in on 3/5/14 and told the staff she now wants to do the Plan which she paid at that time $109 with her credit card.  Since her agreement was still in the queue and not a contract that can be processed without proper signatures from the person who owned the credit card she chose to put on file we allowed her to switch her contract reluctantly since she used the gym for a whole month for only $19.99 and a one month membership costs $39.98.  Being that she only paid for her plan A ,membership on 3/5/14 with all proper signatures and billing her contract can only start on that date of 3/5/14.  She was then given a copy of THAT plan A contract dated 3/5/14 to start on that date voiding out the prior contract she signed for on 2/8/14.  Again [redacted] was given a copy of everything that day at 6:06am.   [redacted] has been told over and over that she never paid the $100 she claims in cash.  We also have cameras and the drawer totals were checked.  When Chris made the mistake he called me to void it as [redacted] NEVER paid that amount.  On 4/15/2014 she called the gym about paying this "extra" $100 and he told her that she would need to bring in her original receipt showing in fact that she paid $100.00 she said she doesn't understand why she would need to as we should have it in our system.  In our system it is voided as it was a mistake and since it's voided it will not show what she is claiming.  If she in fact paid that amount then she would of been given a receipt for that amount but she was given a receipt for the $19.99 she paid for Plan B because she never paid for plan A until later on 3/5/14 in which she paid again with her credit card, not cash for the amount of $109.00.  So at 7:49am [redacted] is claiming to have paid $100 cash and turned around a minute later and pay another $19.99 in which she used her credit card and I'm not sure why she would pay $19.99 for a $10 a month membership??  Our system is automated to take the employee to the point of sale and automatically puts the amount of the start up fee and first months dues in the point of sale.  The employee does not have the ability to manually enter those amounts, is all automated according to the contract the member chooses.  We did go a step further for [redacted] in the outside chance was confused and did actually collect $100 cash, we reviewed the tapes and there was no cash exchanged by [redacted] and the employee chris.  Again Chris called me with the mistake to fix it so his drawers wouldn't show they were short.  This has been explained to [redacted] on numerous occasions.  She now has explained to the staff she is "mad" because we had a Fitness Challenge where IF you refer a member to join the fitness Challenge you receive 50% off your price. So to join the fitness challenge which full price was $360 and you put $180 down and the other $180 is due at the start of the challenge.  [redacted] did NOT refer a member and her account was alerted that she must pay the other half of her fitness challenge.  The member that [redacted] claimed she referred,  this particular person stated that she in fact doesn't even know who [redacted] is and has never even spoke to her and the person that [redacted] used to receive her $180 discount sign up for the challenge long before [redacted] signed up therefore she was NOT her referral .  Since there was some dishonesty on the part of the staff and [redacted] using the name of a person that was not actually her "referral" since our staff seem to have a part in this for [redacted] to use a person that was not a true referral to save [redacted] $180 we did not end up making [redacted] pay the $180 she technically should of paid for.   Below is a copy of [redacted]'s check ins and the alerts that went off after she signed up for Plan B 2/8/14.  This has been explained numerous times to [redacted].  If you have any further questions or concerns please don't hesitate to contact me.  Sincerely, Mary F[redacted] 
03/05/2014 06:03 AM
[redacted]
ALREADY CHECKED IN, Not allowed to
use gym, need [redacted] sign on e
 
03/05/2014 05:47 AM
[redacted]
Not allowed to use gym, need
[redacted] sign on e
 
02/27/2014 05:52 AM
[redacted]
Check Agrmt Status Queues, need
[redacted] sign on e
 
02/26/2014 05:52 AM
[redacted]
Check Agrmt Status Queues, HAPPY
BIRTHDAY, need [redacted] sign on e
 
02/21/2014 05:48 AM
[redacted]
Check Agrmt Status Queues, need
[redacted] sign on e
 
02/20/2014 05:46 AM
[redacted]
Check Agrmt Status Queues, get
picture, need [redacted] sign on e
 
02/19/2014 05:46 AM
[redacted]
Check Agrmt Status Queues, get
picture, need [redacted] sign on e
 
02/12/2014 05:47 AM
[redacted]
Check Agrmt Status Queues
 
02/08/2014 07:52 AM
[redacted]

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]
 Complaint: [redacted]
I am rejecting this response because:
The initial facts are being ignored. As stated in our many phone calls with NY fitness it was explained to us that we did not need to do anything prior to leaving the State due to job relocation. Again this was said to us in person from NY fitness staff prior to our departure. They simply stated that our membership would "run out" and nothing was needed to be done to cancel. Please explain to me why this was told to us in person while we were still members? Then it wasn't until the drafts continued was reason for the repeated phone calls. Certainly if it was brought to our attention that prior to leaving that we needed to send a written letter of cancellation we certainly would've. Again the NY staff said we did not need to provide this and our membership would simply run out. 
Second to this we were told repeatedly that the manager would call us us but again this never took place. Lastly, we have mailed our cancellation letter to NY Fitness. 
Regards,
[redacted]

Review: I initially went into the facility in June 2012 to cancel gym memberships for both [redacted] and [redacted] and was told that it would be taken care of and that since my membership was billed to my credit card that it would take 30 days to remove and stop the charges. I was fine with that and understood that when I went in to cancel it that it would be too late to stop the billing for the following month. My credit card continued to be billed after that time so I cancelled my credit card to assure that they would stop billing it for the memberships that were cancelled the month prior. I then began receiving calls from [redacted] who are authorized collections who told me that the will collect for New York Fitness because my membership was never cancelled. After months of talking to this place trying to get this taken care of I went back into New York Fitness and again signed paperwork sometime in November 2012. The young man (I think [redacted]) assured me it would be cancelled and stopped from being billed on my credit card. Again more calls and billing on my credit card. Spoke with [redacted] on 2/28/13 to have the owner [redacted] call us to straighten this out once and for-all. No call from him but I did receive a message from a manager (possibly [redacted]). I returned her call and never heard anything back after my return call. My son went with a friend on a buddy pass and because New York Fitness is showing we owe them 295.00 he was unable to use the pass!! I am very angry that they never cleared this account going back almost a year! I have made ANOTHER call to them to talk to a manager and again no call back and being told no one for me to talk to. I am beyond frustrated at this point and am so done with trying to contact them and handle my complaint as a responsible business should be doing rather than not calling me back or asking me to call this [redacted] who then in turns tells me to call NY Fitness.Desired Settlement: I want my name and account with them to be cleared and credited from their records as of my first contact with them which was July 2012. I was a long time customer with them and because of non-use and a son going off to college I could not justify having their service anymore so it was cancelled July 2012 but I was with them longer with no billing issues or problems before this time. I want them to credit all that is showing owed on both accounts and remove the information from [redacted] and clear any issues that may have been attached to my credit report.

Business

Response:

All cancellations must be put in writing delivered to the clubs address. Members may use the cancellation form we provide at the gym in which they are given a copy of at the time providing them with proof of their cancellation or they mail use the US Postal Service with a return receipt therefore providing them with proof of such cancellation. Without such proof in a court of law it is not considered to be factually done without it. Should a member's membership not cancel as requested they would have a copy of the paperwork or return receipt from the US Post Office and we are able to rectify the account. [redacted] canceled his membership 12/24/2010, paperwork was filled out and it was processed. [redacted]'s membership was cancelled with paperwork filled out 4/17/2011. Unfortunaely members think they can just put a hold on their credit cards and that will cancel their account. It does not work that way. [redacted] account became delinquent 6/20/2010 and again in 7/20/2011 in which member provided new billing both times after account was delinquent and letters were sent and member responded. Again delinquent in 1/17/12 on 6/30/12 Member provided [redacted] with again new billing information. On 7/3/2012 Member called [redacted] about canceling. Notes on 7/3/12 read Member called [redacted] about Canceling and they advised Member that club has no cancellation paperwork and they would need to call the club as [redacted] does not process cancellations only the club. Member responded with "ok, thank you" There is no record of a cancellation being delivered to the club. Account became delinquent again 11/16/12. 11/27/12 Member called [redacted] stating it should of been canceled 4 months ago she stated to [redacted] that she spoke to a club rep over the phone and it would be canceled. We cannot cancel over the phone as again, cancellations must be put in writing delivered to the clubs address. This again would of been told to her if she called the club and tried to cancel over the phone. She then stated on that date she would go into the club and fill out the paperwork. Again, there is no paperwork to show she in fact either came into the club and filled out our cancellation or sent a letter via US Post office. On Feb 1, 2013 I believe her name is [redacted] came in to the club to fill out paperwork and the account did in fact cancel after final payment went through.

[redacted] was delinquent 2/03/2009 in which billing info was update by member via the web for memberships accounts on 2/14/09. January 4, 2013 again account became delinquent messages and letter were sent 17 times until member called [redacted] on 2/28/2013. [redacted] explained to member they MUST go to club and either fill out paperwork or send a letter US Postal Service. [redacted] stated "Your Cancellation will not be processed unless you fill out the proper paperwork at the club. The then stated "Do not send any form of request to cancel [redacted] Financial as they DO NOT PROCESS CANCELS OR FREEZES" Member then requested [redacted] to stop all Drafts. Advise the member to put that in writing. Advised MEMBER STOPPING YOUR DRAFTS WILL NOT CANCEL YOUR MEMBERSHIP THEY MUST CANCEL AT THE CLUB. Member's Mom came into the club on 2/1/13 to cancel, account was delinquent. Processed cancellation, Advised Member that account will not cancel in good standing unless all past dues are paid are up to date-- she stated that she will call [redacted] to get fees waived then come in tomorrow and take care of the past dues. At that time staff warned her that if she did not that his account would not cancel in good standing. On 3/5/2013 Mother insists that she canceled over the phone back in July or August she cant remember. Again, why all cancels must be in writing. Staff stated to her that we can not do cancels over the phone and staff explained as in the contract how cancels must be done. Member stated she cancelled her credit card and thought that should be sufficient to cancel. Same credit for both [redacted] and [redacted], [redacted]'s payments went through therefore canceling in good standing, [redacted]'s did not and therefore was put in Return for Collections status.

Once a member is in Return for Collection status they may not have another account until the current account is canceled in good standing. They may not come in as a guest and use the club with an account that is Return for Collection. [redacted] tried to come in and use the club as a guest on 5/23/13 at the [redacted] location in which he was told that his account is RFC status and he can not use the club as a guest. Then he called [redacted] Location and notes state he was told that his account is RFC status and would not be able to use the gym until it is taken care of. Mother called [redacted] location later at 8:30pm wanted to talk to an owner and stating this account should of been taken care of a year ago and staff told her no owners were available and said if she doesn't speak to the manager that night she would go to the Revdex.com.

[redacted] spoke to Mother in the past explaining situation as did [redacted]'s account remains in Return for Collection Status. Notes are taken each time a member comes in or calls both the club and [redacted]. Mother has been aware of situation and rules of cancelling. Simply filling out paperwork or sending a letter certified return receipt would of avoided all this. [redacted] and [redacted]'s accounts were processed properly therefore they canceled. [redacted]'s account canceled in good standing once paperwork was filled out and past dues were paid. If a member has a delinquent account we do not have to let them use the gym in any capacity. [redacted]'s Mother was advised over and over how to simply cancel the account and simply refused. From simply not providing a written notice to cancel when she stated she wanted to cancel. She was advised by the club and by [redacted]. Simply trying to avoid taking care of your account by coming in and using the gym as a guest does not fix the problem. Avoiding responsibility and trying to sneak past the front desk does not fix the problem. Mother states son went away to college, that he was not using it, [redacted] at anytime could of stopped at the front desk to fill out the paperwork to cancel his account prior to leaving for college since most people know they will be going away to college months before they go. Ultimately, it is [redacted]'s responsibility to take care of his membership, avoiding taking care of this membership and hoping to sneak past front desk or hoping it goes away will not solve the issue, but this seems to be avenue they have chose to take this entire time.

Sincerely,

[redacted], General Manager

Review: When I signed up for a gym membership at New York Fitness, I made it clear that I would need to cancel my membership before the contract expired, because I would be going away to college. The employee informed me that as long as my college was at least 25 miles away, I would not have a problem with breaking the contract. However, when I went to break the contract, I was informed that I was going to need to pay a fee of $129.99. I was previously told that I would be able to break the contract without having to pay anything. I paid the fee of $129.99 on August 1, 2013. At that time, the employee there told me that the contract was broken. Later, I received a message saying they needed proof from the DMV that I had moved. I called back and spoke to the man that had left the message and again explained to him that I was moving to a college that was about 70 miles away. I told him that my permanent address would be staying the same, but I would no longer be anywhere close to the gym. He told me that there were different circumstances for me since I was going to college and my fee of $129.99 would still be accepted to close my account. The membership fees stopped coming out of my account until January 2014. Since January, payments have come out of my account for the months of January and February. I placed a stop payment on my account for the month of March and contacted the gym to ask why these payments were coming out of my account when I was told that the membership was canceled. I was informed that the $129.99 was distributed throughout the past months since August to cover the membership fees for those months, and now the fees are being charged to my account monthly again. I spoke to the manager and he told me I signed a legally binding contract so there is nothing he can do for me. He told me I still need to pay for the month of March, the late fee for March since I placed a stop payment on my account, and the month of April before I am able to cancel my membership. I understand I signed a contract, but I signed that contract under the conditions that I was able to write a note to break the contract when I left for college. After I was informed differently, I was then told I could break the contract by paying $129.99. I was given the wrong information on two different occasions which has led to an overall loss of $278.95.Desired Settlement: I would like a refund for the following:

Cancellation Fee: $129.99; January Fee: $29.99; February Fee: $29.99; March Fee: $29.99; March Late Fee: $29; and April Fee: $29.99.

The total amount of the refund would be $278.95.

Review: on 4-27-2014 I cancelled my membership with New York Fitness in [redacted]. I spoke to **. [redacted]. He completed the paperwork and explained that my credit card on file would be charged $30. $10 for the 'final month' and $20 for the 'annual' contract fee.

On 4-28-2014 I noticed an additional $50 charge on my bank statement. I tried calling the [redacted] gym several times on 4-28-2014 and only received a recorded message. I did not leave a message.

4-29-2014 I called the [redacted] gym and spoke to [redacted] explaining the additional charge. Her response was, 'it is what it is' 'the $50 is the early termination fee'. she was very rude and stated 'it doesnt matter if you talk to a manager or not, they'll tell you the same thing. She would not give me a manger's name or a time when they would be available. Her advise was to pay the bill and if that's a problem I should call back until a manager is available to take my call.

Same date I call the Lebanon gym and spoke to [redacted]. He was busy and requested that he could call me back. He did call back and explained the $50 was the early termination fee. he stated my membership was only from October 2013 so therefore I was not a member for a year. October 2013 may have been the 'renewal' date of my contract but I've been a member for well over a year. He also stated the $50 charge will stay and if I felt the need to 'fight' it to go ahead because they have legal protection.Desired Settlement: I would like to recoop the $50 for the simple reason that **. [redacted] did not explain the charge for 'early cancellation' and the membership was only renewed in October 2013 . I've been a member for years prior. It seems a slim shady that they go by the 'renewal' date of the contract to scam additional money from their patrons.

Review: I have a year membership with New York Fitness Club which would end this month (Feb). I have been unable to use this membership for a few months due to change in address. I spoke with the [redacted], PA location on Jan 7th inquiring how I should cancel my membership. I was told at that time I would have to wait until the final month of my membership to cancel or incur a penalty. When I called this month, I was told I will now be billed again next month and that I could have canceled my membership up to 3 months before the final billing. It seems that New York Fitness Clubs intentionally gave me false information in January causing me to pay an extra month of unused membership. They were aware I wished to cancel the membership in January but procedures that are unclear to both their employees and members.Desired Settlement: Cancel membership as of Feb 2014. Do not bill credit card. Reimburse if card charged.

Review: To whom it may concern:

Back in June/July, I decided to hire a personal trainer by the name of [redacted] at the New York Fitness here in [redacted], Pa. I signed a 3 month contract, explicitly stating I would not want more afterwards because I was doing it to prepare for a half marathon (ran Sept 8th). I wrote a check for $199. On July 16, another $100 came out of my account. August 16/18th, another $100. My last and final training session was August 27th, where I made sure to check with [redacted] that I would not be charged afterwards. I got confirmation that I wouldn't and I did not extend my training. [redacted] had informed me that September 1 would be his last day at the facility.

On September 3rd, because of separate horror stories I'd heard from friends, I called to verify that I would NOT be charged anymore for services I did not continue, that I canceled with [redacted]. The gentleman told me [redacted] was no longer employed there and my account looked good and if there were issues he'd call me back. No return call was received.

Today, I checked my bank account and found another charge for $100: a charge I specifically asked repeatedly about. When I called, I was met with arrogance, side-stepping and was told that no one in management nor the owners could or would be reached. I have contacted my bank, a credit union who has assured me they will be disputing this charge and have placed NYF on a stop payment. No other monies will be drawn from my account. I would also like to add that when I spoke to my financial institution, they were all to aware of how horrible a reputation NYF [redacted] has in over charging.

I went to NYF to give them a hand written letter which my bank told me I needed to do and to try to talk to someone in authority. I was told that not only would I NOT be getting my money back, but that if I signed a cancelation document, I would still be charged for October as well. $200 for services not requested or rendered, AFTER I was assured by not one but TWO employees that I was canceled and not to be charged.

Being in the customer service business, I see my fair share of people trying to get away with things or bend the rules. But I assure you, this is neither. I made sure to verify twice of my status, never being told I needed to sign anything or fill anything out. And, if my understanding of the cancelation document it correct, NYF has the right to wait 30 days before canceling me, therefore taking the opportunity to charge me for something I did not request or receive.

I have been a member for almost 2 years. I have brought others to this gym because of convenience. Being a runner, I'd like to remain a member for the indoor running. But I refuse to be misinformed, erroneously charged or dealt with in such an unprofessional manner. I do hope to get a prompt reply and also hope that this is corrected immediately. I should not be faulted for two employees assuring me I did everything correctly.

And for the record, I happen to text [redacted] today, who assured me again that he set my account not to reoccur. The language of the exchange is unprofessional but if it is requested, I'll provide it as further proof.

Again, I hope and do expect to hear from you soon.Desired Settlement: I'd like a refund of my monies and better training of their employees. I believe I did everything correct and was mislead. An apology would be nice.

Business

Response:

Attached is a copy of [redacted]'s contract. As you will see that she did in fact initial the part that states that the contract will renew on a month to month basis and these terms may be canceled at anytime provided 30 days written notice. She was charged for 3 months of this contract. She also initialed any purchases not part of this contract are non refundable as the above statement she also signed, that training sessions are sold in packages at a reduced rate......etc. Since signing this contract on 6-18-13 at no time has [redacted] presented to the club a written notice to cancel. Unless her cancelation is in writing delivered to the clubs address, we have no way to know of any deals she made with former staff. Without her given written notice to the club to cancel the terms of her contract we would not be able to process the cancel request. Clearly, the terms of the contract state she must put in writing if she wishes to cancel the terms of the agreement in which she also initialed. As of this date she has not done so. on 9-16-2013 [redacted] did come into the club it was explained to her that we have not received a written notice to cancel the terms of her agreement. It was explained by both [redacted], the Assistant Manager and [redacted], Head Trainer [redacted], that she needed to put in writing that she wishes to cancel her agreement and it was also offered to her a cancelation form that we provide as a courtesy. She refused to do either. At no time would any staff member tell her something is canceled if it is still active in the system. The only way to inactivate the agreement is to have **. [redacted] put in writing she wishes to cancel her agreement or fill out a cancelation request form we provide as a courtesy. [redacted] in fact asked **. [redacted] if she had a copy of her cancellation request, as we provide a copy when a member use our cancelation forms or if she had any copy of her written notice had she sent one through the US Postal service certified with return receipt. She had neither. The Manager of the [redacted] location left a message for **. [redacted] 9-18-13 at 10:44am that we had not received her 30 days notice to cancel this agreement and would not be able to process it until she would either provide that in writing or use one of our cancelation forms. **. [redacted] returned [redacted]'s call around noon and again [redacted] explained the contract, told her as a courtesy that we would waive her 30 days written notice so she would not be charged in October we would accept her September payment as her 30 days notice but again she did need to fill out a cancelation form. She stated to [redacted] that she would dispute the charges. We have not charged **. [redacted] any erroneous charges only those she authorized by signing her agreement on 6-18-2013. Which states her first billing date 7-15-2013 for a period of 3 months and also initialed the agreement will auto renew on a month to month basis and these terms may be canceled at anytime provided a 30 day written notice to the club address.

[redacted] was fired from New York Fitness Clubs on August 29, 2013 and [redacted] is now training at another facility in which **. [redacted] states to the staff she is training with him there. Training with [redacted] at another facility does not mean she is not bound to the terms of the contract she signed with New York Fitness nor does it make our billing erroneous. She also initialed that she understood that she may be scheduled with different trainers during the program that Empire Shapes designed for her. The contract **. [redacted] signed is with New York Fitness Clubs. As a courtesy we did in fact waive her October payment which would be part of her 30 days notice.

Consumer

Response:

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]

Review: [redacted]

I am rejecting this response because:

At no time did I make up that their staff told me. May it also be know that I delivered a hand written letter, which [redacted] made copy of and kept when I went in on 9/16. May it also be known that [redacted], the head trainer, stated his brother [redacted] was a "[redacted]" and gave me no explaination why I would be told I would not be charged again.

Review: I have a medical condition which is documented by two providers, I can't use a trainer at this time. They took the money for the trainer out of my account even though they new this serval weeks ago. They also have been charging my account for the total amount , while I am suppose to get a discount because I am paying for the Black membership. My account is frozen and I think this is such poor business. I want my money back! IDesired Settlement: 120.00 plus the 10% discount I am entitled too for the pass 7 months!

Business

Response:

[redacted], did in fact receive a discount as the full price of a training session is $50 a session. She is only paying $30.00 a session. [redacted] signed up for 12 months, which she has completed 6 payments of this contract as of this date. When she brought in her medical note, her payment was already pending on recurring billing for her April Payment which could not be stopped by the time she brought in her paperwork. We can not accept back dated physicians notes. Her account was put on a medical freeze. It was explained to her that even though she was charged she does not lose those sessions that are part of her contract and she may use them when she returns in October at the end of her medical freeze. We set her date to unfreeze in November. Her Medical note states she can come back October, therefore she won't be billed again until November rather than October. The billing that occurred is part of her 12 month agreement and is credited leaving her with 6 more months after her medical freeze is done.

It was explained to her that she can use them when she comes back as they do not expire. If we refund April's training then she will have completed 5 months of her 12 month training agreement leaving her with 7 more months when she comes back. She did not want to listen to what we were telling her and hung up on our staff. She was charged for her contract, she was given the medical freeze, the problem was that it was already pending and could not be stopped, it was explained to her that the training will be credited to her 12 month agreement and she may use the training when she comes back from her medical leave therefore not losing anything. When she comes back she will only be responsible for the remaining 6 months of her contract.

The Training Manager, [redacted] also tried to call her back to explain this since she hung up on staff, she did not answer and he left a message, she has not called him back to my knowledge as of today's date.

Any further questions or concerns, please don't hesitate to call me.

Thank you,

Consumer

Response:

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]

Review: [redacted]

I am rejecting this response because: First, I am paying 30.00 which they have admitted, I only signed up for 1/2 hour training, weekly. Secondly, I never hung up on staff nor did I speak with [redacted], I spoke with [redacted], he gave me the date of March 26, 2013 of freezing my account after I handed him my documentation from my physicians. They left a message on my machine then called back and said they called the wrong [redacted], apparently there is another [redacted] member who is freezing her account. So they owe me the ten percent discount off the 30.00 a week since I first became a member. They have me confused with another customer! I was promised that when they read my letter from my doctors that they put a hold on my account right then and there! They gave me the date the payments would be stopped! MARCH 26, 2013.. They need to check there records! They owe my 214.00 as of today!!!!

Regards,

Consumer

Response:

Keychain

Review: I have 3 issues with this company. The first is that I was charged a $29 dollar late fee on my membership dues when my credit card was cancelled due to fraud (my credit card number was fraudulently used elsewhere, unrelated to this business). I wasn't trying to cancel my card and get out of paying my monthly dues - my credit card was cancelled due to fraud, and it took a while to get a new one in the mail. I emailed the owner about this issue, and it went unresolved.

Second, the gym is advertises that it is 24 hours. I have pictures of the signs stating this on both entrances to the mall it is located in. I joined for 2 reasons - and this was one of them (the second will be explained in my third, and main point). They had finally put up signs saying they were 24 hours, and that was one of the things I was looking for in a gym. On Friday, May 9, 2014, at about 10pm, I headed over to New York Fitness to workout. I found the doors at both entrances were locked, and the gym was dark. I am absolutely certain I have been there at that time on a Friday in the past (within 2 - 3 weeks of this incident), as Friday night is my favorite time at the gym, because it is always very quiet. I went home and looked at the hours on the gym's website, and it says "Monday - Friday (24 hours), Saturday 7am - 8pm, Sunday 7am - 5pm." A) The sign on the external doors to the facility say "24 hours," B) There is no mention on the website that the gym closes at any particular time on Friday night. Two counts of false advertising.

My third, and most important, point is that when I went into the facility to join back in December 2013, I specifically asked the girl who signed me up whether this was a month-to-month membership, and she told me that it was, indeed, a month-to-month membership and I could cancel any time. My husband was there and both witnessed me asking that specific question, and he recalled it as soon as I mentioned the issue to him. I know I specifically asked this, because I knew a [redacted] was opening nearby a few months from then, and I planned on cancelling my membership at New York Fitness when [redacted] opened, and I did not want to be bound by a contract. On Saturday, May 10, 2014, I went to New York Fitness to cancel my membership after having emailed the owner, [redacted], the following message:

"From: [redacted]

To: [email protected]

Sent:Sat May 10 02:45:53 UTC 2014

Subject: Disappointed

I'm a member of the [redacted], PA location, and I just got back home from your "24 hour" facility without working out because the doors were locked and the place was dark. It was about 10pm when I attempted to use the gym, and I know I have been there that late on a Friday before with no problem. I am livid! I joined because that location finally went 24 hours. There's a sign stating that it's 24 hours - says it on both entrances, with no caveats. I've already been totally screwed by you guys once when my credit card on file was cancelled because someone stole the number, and you charged me like $30 because the payment was late - sorry my credit card was shut down due to fraud. The water situation there also sucks - there's 1 water fountain and it has such crappy pressure that it takes well over a minute to fill a bottle, and pissy lunks without water bottles are always pacing angrily behind me waiting to use it. Lastly, the only way you can use an elliptical and watch AND listen to the TV is in the cardio theater - where the crappy ellipticals are - because none of the ellipticals in either main cardio area have the audio box.

I've been considering switching to Planet Fitness, and it looks like I'll be doing that now.

Regards,

[redacted]."

On that day, the girl at the desk told me my contract didn't end until December 2014. I stated that when I signed up, I was told I had a month-to-month membership. The girl at the desk looked at something on the computer and said that I signed a contract for 1 year, with [a girl who's name I don't recall], and she snickered and said that that girl no longer works there. She stated that I would have to pay a $100 cancellation fee to cancel my membership. When I asked what the amount of the fee would be, she rolled her eyes upward like she was doing math, then said it would be $100, which seems like a pretty arbitrary number. I was so mad that I didn't ask her what that math was based on, but I pay $10 per month, so to pay off the life of the contract, I would owe $80, assuming that May wasn't already paid. I asked to speak with a manager, and she said there wasn't one there, but if there were he/she "would tell me the same thing." I told her I had already dealt with the owner, and I would do the same again. I am filing this complaint before contacting the owner a second time. I do not have a copy of this supposed 1 year contract, nor do I feel such a document is valid, as I specifically asked the girl whether it was a month-to-month membership. The employees selling memberships should know the policy.

I claim that New York Fitness is guilty of false advertising, for posting very large signs that say they are open 24 hours. I also claim that the information I was given about the membership being month-to-month should be honored, and I should be let out of the contract as of the date I attempted to cancel it (May 10, 2014). I also feel that it would be in good faith to return my $29 late fee for my credit card being cancelled due to fraud.Desired Settlement: I want to end my contract as of May 10, 2014, with no cancellation fee. I also feel the $29 late fee I was charged when my credit card number was stolen should be refunded to me.

Consumer

Response:

[A default letter is provided here which indicates that the business has not responded to you directly. If you wish, you may update it before sending it.]

At this time, I have not been contacted by New York Fitness Clubs regarding complaint ID [redacted].

Regards,

new York Fitness continues taking money out of cancelled members banking account. Their agreement states that the members needs to give them 30 day notice but after the 30 days is over the New York Fitness still continues take fees out of the ex-members bank account.

Review: I joined their club on 9/3/13 and quit their club the same day but physically went in to quit on 9/4/13 because their competitor has a better establishment and for less fees. Because I paid in cash I was told that the manager, [redacted], would have to refund me. We left a note for her to contact me and she didn't. Two days later I went back and spoke to her and she told me that the $59.98 was going to be applied towards my $100 cancellation fee because I didn't quit for any reason covered in the contract. There were two fees: $29.99 enrollment and $29.99 first month's fee. As I stated, I quit within hours of joining and went in physically to return my key card the very next day.

Business

Response:

**. [redacted]'s refund is being processed. **. [redacted]'s reason she gave for canceling is that we do not provide Wifi. We must remain PCI compliant with security pertaining to individuals banking information due to our system using Wifi to transfer banking information of member's accounts therefore we can NOT give out those passwords so that anyone can access our system. This is for the protection of all our Members. **. [redacted] did NOT state she does not want to be bound to the terms of the contract which is required nor did we receive that in writing from **. [redacted]. [redacted] did in fact leave the gym and then come back use the gym AND also brought in a guest under that agreement which is a cost of $10.00 and took a T-shirt which has a cost of $12.00. As I stated **. [redacted]'s refund is being processed.

Review: In mid April I started to sign up for a membership. The employee that was working on it with me could not get the right contract to come through. It was suppose to be nothing down and ten dollars a month. It kept coming up ninety-nine dollars and twenty a month. I was told by this employee that they could change it, and would have it changed by the next day. I came back in and she still couldn't change it. She told me that she would be leaving notes for the manager to change it. She told me that she was not going to put it through because it was not the right contract. I never received a key card. I was contacted again by New York Fitness and they asked me to come in so I could sign another contract. I told them that I no longer wanted to continue the process. Since they had told me that they had not put the other contract through I didn't think it would be a problem, since they didn't even have the right contract for me. Devon was the employee I was speaking with, and he said he would take care of it. I started getting calls from [redacted] about "my account". I contacted New York Fitness and spoke with Devon again, he told me that he could still see the contract in the system but that it was in some sort of limbo. He told me that he would take care of it. I then received a bill in the mail from [redacted]. The bill notes that they did not have an account for me and were not able to locate it. I called again and spoke with Devon, he then told me that the contract was gone and it looked like someone had pushed it through. He apologized and told be again he would take care of it. He told me he would call me in the morning to let me know, he never called. I called again because I received yet another call from [redacted]. I spoke with Devon and he was, again, very apologetic and said he was going to take care of it and call me the next day. He never called. Then my wife called them and they they told her that I needed to sign a cancellation and pay the one hundred dollar fee. Today I stopped in with hopes of finally getting this taken care of but all they would offer me was the cancellation form. I spoke to the fact that the contract they had for me and charges they are asking me to pay are not the ones I started to try and sign up for in the first place. I have not used the gym once since the day I left and the employee told me she was not putting it through, and I stated above that I never received a key card. If I had they would be able to see all the times I came in. In short, they are charging me for a contract that was never suppose to be finalized and they are refusing to cancel it without a fee of one hundred dollars.Desired Settlement: I would like for them to cancel "my account" with them free of charge and stop ABC Financial from billing me. I have no desire to attend their gym, now or in the future.

Review: March 28, 2012 I joined New York Fitness Club, [redacted]. I paid $10 enrollment fee and prepaid $10. The agreement was $10 a month for a year to be taken directly out of my checking account each month. January 5, 2013 I gave them a letter of non-renewal. In March 2013 my bank paid the last $10 monthly payment to New York Fitness. When I saw the deduction on my statement I had my bank stop taking out any more payments. Unfortunately, my bank backed out the last $10 payment in March. On March 19, 2013 I got a call from New York Fitness that I owed them the $10 plus another $39 bank fee. On March 20, 2013 I mailed New York Fitness a check for $49.00. They cashed my check for $49 - I have a copy of the canceled check). On April 22, 2013 I received a call from [redacted] in [redacted] (phone number [redacted]) and they told me I still owed the $49.00. I mailed them a letter and a copy of the canceled check on April 23, 2013. I called them yesterday, April 29 and they said they never received my letter and copy of the canceled $49 check and another $10 was due for May. I then called [redacted], manager at New York Fitness [redacted] (phone [redacted] and she said it was taken care of, I didn't owe anything, but obviously someone is not telling me the truth. How can I get New York Fitness and [redacted] to straighten this out?Desired Settlement: I would like a letter from New York Fitness [redacted] and [redacted] stating that I do not owe them any money and that my membership is closed.

Business

Response:

[redacted]'s contract started on 4-11-2-12 and she would of been responsible for payments through 4-10-13. I did not see a letter from her, I process all cancellations. I do not know if it was sent certified. I believe she called the club and they did in fact call me and I did cancel it as a courtesy immediately without seeing any letter. We then called [redacted] to refund her payment she was charged April 11, 2013 but [redacted]'s had already had a stop payment on it therefore we cannot refund something that had already stopped payment on. If [redacted]s sent the letter certified US Mail, then I have not seen that. Again, as soon as she called we took care of it. [redacted]s did not even give us the opportunity to refund it before calling her bank. Technically without that letter we would not have to cancel it until we receive in writing her cancellation request, but as a courtesy we did in fact honor her word. Her account was in fact canceled.

Any further questions or concerns, please don't hesitate to contact me.

General Manager,

Review: I spoke to a [redacted](Mgr)at [redacted], PA [redacted] by phone. Explain I spoke to [redacted] on 10/30/13 advise that I have moved because of a job transfer to keep my job. I am currently living with my parents for the time being. When we spoke she never looked up my account. She just stated I need to send in final payment of $60 to break the contract and a letter for cancellation. I explain I spoke to someone 2 wks prior& they told me $50.00, then she got very rude & didn't care what I was saying. She then started to say there is no clause in the contract about moving and it is what it is. Then she proceeding to tell me to send a copy of my new license, letter of cancellation & $80.00 (still has not pulled up my account). At this point I am frustrated & upset and asked who else can I talked too. She quickly advise to email the company. I asked for a phone number, she stated they don't have one. As I asked for the email address and then asked me for my name to bring up an account... So I rushed back to my office and emailed the company on 10/30/13 explaining in detail of everything (still have a copy of it in my email box). Advising this job transfer is out of my control. I need a job. My whole life had to change. I agreed to pay the $50.00 cancelation fee, but that is it and I explain that in the letter. 48 business hours went by with no response. So I sent another email on 11/1/13 advising this is my second email and no one responded. Now its 12/2/13 and still no response. The card was using was in another person's name (Friend), he called in the [redacted] office and they told him to contact the [redacted] office. So my friend did and explain that it was his card and to remove it from the account & still being charged. My friend called me and stated they didn't remove the card from the account, I just left enough money in his account for my final bills for the month. So now I have an account I am trying to cancel, no answers & they taking someone else's money.Desired Settlement: Cancel account, phone call with an apology, and for the pain and suffering and fairness waive the $50 cancelling fee.

Business

Response:

[redacted] was told that all we need is something that shows she has moved more than 25 additional miles from any location. She was later emailed 2 times again, stating if she could just give us anything showing she moved an additional 25 miles from any location we could finish processing her request. Normally a change of address from the DMV would be efficient. She was emailed again that if that isn't possible something from her job, an apartment lease and phone bill anything. Time passed and we did not receive anything from **. [redacted]. Finally in Dec she calls again and we explained AGAIN just to fax us anything showing she moved more than 25 miles from any location we could process her cancelation. The General Manager emailed her numerous times. She spoke with multiple managers from different locations asking her for the same thing. Then simply she decided to fax us a changed of address from the DMV and we immediately processed her cancellation with NO cancelation fees.