Revdex.com: I have reviewed the response made by the business in reference to complaint ID [redacted] , and have determined that this proposed action would not resolve my complaint For your reference, details of the offer I reviewed appear below I would like to point out samestatements from the business are not correct.First, I had talked with Steve, the owner, regardingcontract termination because of the issue with Membership FreezeHe told me Ishould talk to AAC to terminate the contract because he will not fulfill that MembershipFreeze option as the previous owner doesThen, I contacted AAC and was toldthat I should contact the gym to terminate the contact because AAC only deductmonthly membership fee from my credit card and has no right to terminate themembershipTherefore, I contacted the gym multiple times and requested toterminate my membershipThe owner didn’t give me any response regarding myrequestThat’s the reason I contacted Revdex.com for help.Second, the “Membership Extension” term written in thecontract did state that the member maybe granted an extension of membership fora period of time (minimum days absence) when they were unable to use thefacility due to illness, etcIf you need to travel for a long period time, howcould you be able to use the facility? As I stated in previous statements, thereason I signed the 2-year contract with the previous owner is because heprovided the Membership Freeze optionOtherwise, I would not have made thatdecision.Third, all members who signed the contract with the previousowner are aware of the membership freeze optionTherefore, it is a verbal agreementbetween the previous owner and members who signed contractsEven with AAC, thecompany that collects membership fees for Parkwest is aware of this option.Please refer to previous written conversation with AACTherefore, that verbalagreement is a binding contractIf the current owner want to keep members whosigned contracts with previous owner, he should fulfill itIf he does not wantto fulfill it, he should provide previous members an option to terminate thecontract instead of just taking their membership fee without fulfill thecontractIt is illegal.Fourth, I requested to freeze my membership with the gym andwas told there is no such option anymore after the gym was transferred to thecurrent ownerMany of my friends who are members of the gym had the sameexperiences as I hadNone of us was told that we could extend our membershipfor at least days if we (as what was stated in the reply from the business):1) submit a letter to Parkwest requesting an extension; 2) turn in membershipcard to ParkwestYou cannot claim you did not grant the membership extensionrequest because the gym members who requested to freeze membership did notfollow the contractBecause you had never told them they could do so if theyfollow the process and submit required paperwork.Fifth, I would like to provide more information regarding mymonths membership that are frozenI didn’t freeze my membershipfrequentlyI only did it twiceI froze two weeks in early with theprevious ownerThe staff didn’t request me to do any paperwork and did notgive me any copy regarding the freezeThey just put notes on my accountI assumedthey would be reliable The second timeI froze my membership was in May At that time, the gym was just transferredto ParkwestAt first, the gym staff refused my request to freeze my membershipfor three months and claimed that the new owner would not fulfill itI arguedwith them because it was illegalLater, the manager Steve verbally agreed thatI have that option as I signed the contract with the previous ownerHowever,Steve didn’t give my any paperwork to fill out and no written statementregarding the membership extensionNow, the gym is claiming that I have nowritten proof regarding the 3-months extensionActually, I am not the onlymember has this kind of experienceMy friends also have similar experience.They can be my witness if I file a claim to the Court.Lastly, I would like to say that a contract is a legalbinding for both parties involvedAs a customer, we agreed to pay the servicethe gym agreed to provideBy taking membership fee, the gym agreed to provideservices written on the contractIt is not legal for a business owner only fulfillingpart of contractThat is called “breach the contract” and is illegal Regards, [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. For your reference, details of the offer I reviewed appear below.
I would like to point out samestatements from the business are not correct.First, I had talked with Steve, the owner, regardingcontract termination because of the issue with Membership Freeze. He told me Ishould talk to AAC to terminate the contract because he will not fulfill that MembershipFreeze option as the previous owner does. Then, I contacted AAC and was toldthat I should contact the gym to terminate the contact because AAC only deductmonthly membership fee from my credit card and has no right to terminate themembership. Therefore, I contacted the gym multiple times and requested toterminate my membership. The owner didn’t give me any response regarding myrequest. That’s the reason I contacted Revdex.com for help.Second, the “Membership Extension” term written in thecontract did state that the member maybe granted an extension of membership fora period of time (minimum 30 days absence) when they were unable to use thefacility due to illness, etc. If you need to travel for a long period time, howcould you be able to use the facility? As I stated in previous statements, thereason I signed the 2-year contract with the previous owner is because heprovided the Membership Freeze option. Otherwise, I would not have made thatdecision.Third, all members who signed the contract with the previousowner are aware of the membership freeze option. Therefore, it is a verbal agreementbetween the previous owner and members who signed contracts. Even with AAC, thecompany that collects membership fees for Parkwest is aware of this option.Please refer to previous written conversation with AAC. Therefore, that verbalagreement is a binding contract. If the current owner want to keep members whosigned contracts with previous owner, he should fulfill it. If he does not wantto fulfill it, he should provide previous members an option to terminate thecontract instead of just taking their membership fee without fulfill thecontract. It is illegal.Fourth, I requested to freeze my membership with the gym andwas told there is no such option anymore after the gym was transferred to thecurrent owner. Many of my friends who are members of the gym had the sameexperiences as I had. None of us was told that we could extend our membershipfor at least 30 days if we (as what was stated in the reply from the business):1) submit a letter to Parkwest requesting an extension; 2) turn in membershipcard to Parkwest. You cannot claim you did not grant the membership extensionrequest because the gym members who requested to freeze membership did notfollow the contract. Because you had never told them they could do so if theyfollow the process and submit required paperwork.Fifth, I would like to provide more information regarding my3.5 months membership that are frozen. I didn’t freeze my membershipfrequently. I only did it twice. I froze two weeks in early 2014 with theprevious owner. The staff didn’t request me to do any paperwork and did notgive me any copy regarding the freeze. They just put notes on my account. I assumedthey would be reliable. The second timeI froze my membership was in May 2014. At that time, the gym was just transferredto Parkwest. At first, the gym staff refused my request to freeze my membershipfor three months and claimed that the new owner would not fulfill it. I arguedwith them because it was illegal. Later, the manager Steve verbally agreed thatI have that option as I signed the contract with the previous owner. However,Steve didn’t give my any paperwork to fill out and no written statementregarding the membership extension. Now, the gym is claiming that I have nowritten proof regarding the 3-months extension. Actually, I am not the onlymember has this kind of experience. My friends also have similar experience.They can be my witness if I file a claim to the Court.Lastly, I would like to say that a contract is a legalbinding for both parties involved. As a customer, we agreed to pay the servicethe gym agreed to provide. By taking membership fee, the gym agreed to provideservices written on the contract. It is not legal for a business owner only fulfillingpart of contract. That is called “breach the contract” and is illegal.
Regards,
[redacted]
We represent RPA Sales, Inc. Parkwest Fitness ("Parlcwesr). Parkwest is the owner and operator of the health club business operated at 1330 Win 1-Ientschel Boulevard, West Lafayette, Indiana. This correspondence shall serve as Parkwest's response to the complaint filed by [redacted]...
("Member") on March 23, 2015. Per correspondence with Rachel S[redacted] of Parkwest on March 30, 2015, the Revdex.com agreed to give Parkwest until April 3, 2015 to respond to the complaint. We thank you again for this courtesy. Parkwest agrees that the Member entered into a membership contract with Paul G. Fortwendel, Jr. d/b/a International Sports Clubs, LLC ("International") on January 4, 2014 ("Contract"). The original term of the Contract is January 4, 2014 to January 3, 2016 ("Term"). The Contract was assigned to and/or purchased by Parkwest on May 9, 2014. To summarize, the Member claims that she is entitled.to freeze her membership under the Contract and that she is entitled to reimbursement for three and one-half months of membership payments that she paid while the account was allegedly frozen. Parkwest denies the allegations of wrongdoing and in support states as follows. First, the Contract does not include any provision that allows the Member to freeze her account if she doesn't need to use the facility "for at least two (2) weeks." The "Membership Extension" provision of the Contract referenced in the complaint states only that the Member ma be granted an extension of her membership for a period of time (minimum 30 days absence) when the Member was unable to use the facility due to illness, etc. This provision does not obligate Parkwest to grant an extension or freeze the Member's account; rather, such extensions are granted in Parkwest's discretion. Furthermore, it is evident from that the language of the Contract that the Contract contemplates the possible granting of such extensions in situations where the Member is absent for a minimum of thirty (30) consecutive days due to illness or matters related to illness. The Member's stated reason for freezing the account is that she travels a lot.Second, the only communications that Parkwest owners and/or employees have had with the Member involved the Member asking to terminate the Contract and sign a new month-to-month contract with Parkwest for a lower raw. Member has never asked Parkwest to extend her membership under the Contract.Third, assuming arguendo that the Contract requires Parkwest to freeze the Member's account, the Member has not complied with the requirements of the "Membership Time Extension" paragraph of the Contract in that she has not submitted a letter to Parkwest requesting an extension of her membership or explaining the reason(s) that the extension is necessary. Moreover, the Member has not turned in her membership card to Parkwest. Additionally, Parkwest has not been provided with any evidence that the Member submitted a letter to International requesting a freeze on her account or that she turned in her membership card to International. Furthermore, Parkwest has never been provided with any evidence that International agreed to freeze her account for three and one-half months as alleged by Member.The Member appears to suggest that she is entitled to freeze her membership account at any time that she determines that she does not need to use the facility for at least two weeks. If the Contract is interpreted in such a manner, the Member would conceivably have the right to elect to freeze her account indefinitely and as often as she chooses based on her unilateral decision that she does not need to use the facility for any reason. Such an interpretation would render the two (2) year contract term (January 4, 2014 to January 3, 2016) essentially meaningless.Please note that Parkwest has agreed to freeze membership accounts when it has been provided with written evidence from or signed by International that International agreed to freeze the subject member's account. Again, Parkwest has not received any such documentation showing that International agreed to freeze the Member's account.In conclusion, Parkwest adamantly denies the allegations of wrongdoing made by the Member in her complaint. Should you require any further information please contact me.Sincerely,Kevin J. R[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 For your reference, details of the offer I reviewed appear below I would like to point out samestatements from the business are not correct.First, I had talked with Steve, the owner, regardingcontract termination because of the issue with Membership FreezeHe told me Ishould talk to AAC to terminate the contract because he will not fulfill that MembershipFreeze option as the previous owner doesThen, I contacted AAC and was toldthat I should contact the gym to terminate the contact because AAC only deductmonthly membership fee from my credit card and has no right to terminate themembershipTherefore, I contacted the gym multiple times and requested toterminate my membershipThe owner didn’t give me any response regarding myrequestThat’s the reason I contacted Revdex.com for help.Second, the “Membership Extension” term written in thecontract did state that the member maybe granted an extension of membership fora period of time (minimum days absence) when they were unable to use thefacility due to illness, etcIf you need to travel for a long period time, howcould you be able to use the facility? As I stated in previous statements, thereason I signed the 2-year contract with the previous owner is because heprovided the Membership Freeze optionOtherwise, I would not have made thatdecision.Third, all members who signed the contract with the previousowner are aware of the membership freeze optionTherefore, it is a verbal agreementbetween the previous owner and members who signed contractsEven with AAC, thecompany that collects membership fees for Parkwest is aware of this option.Please refer to previous written conversation with AACTherefore, that verbalagreement is a binding contractIf the current owner want to keep members whosigned contracts with previous owner, he should fulfill itIf he does not wantto fulfill it, he should provide previous members an option to terminate thecontract instead of just taking their membership fee without fulfill thecontractIt is illegal.Fourth, I requested to freeze my membership with the gym andwas told there is no such option anymore after the gym was transferred to thecurrent ownerMany of my friends who are members of the gym had the sameexperiences as I hadNone of us was told that we could extend our membershipfor at least days if we (as what was stated in the reply from the business):1) submit a letter to Parkwest requesting an extension; 2) turn in membershipcard to ParkwestYou cannot claim you did not grant the membership extensionrequest because the gym members who requested to freeze membership did notfollow the contractBecause you had never told them they could do so if theyfollow the process and submit required paperwork.Fifth, I would like to provide more information regarding mymonths membership that are frozenI didn’t freeze my membershipfrequentlyI only did it twiceI froze two weeks in early with theprevious ownerThe staff didn’t request me to do any paperwork and did notgive me any copy regarding the freezeThey just put notes on my accountI assumedthey would be reliable The second timeI froze my membership was in May At that time, the gym was just transferredto ParkwestAt first, the gym staff refused my request to freeze my membershipfor three months and claimed that the new owner would not fulfill itI arguedwith them because it was illegalLater, the manager Steve verbally agreed thatI have that option as I signed the contract with the previous ownerHowever,Steve didn’t give my any paperwork to fill out and no written statementregarding the membership extensionNow, the gym is claiming that I have nowritten proof regarding the 3-months extensionActually, I am not the onlymember has this kind of experienceMy friends also have similar experience.They can be my witness if I file a claim to the Court.Lastly, I would like to say that a contract is a legalbinding for both parties involvedAs a customer, we agreed to pay the servicethe gym agreed to provideBy taking membership fee, the gym agreed to provideservices written on the contractIt is not legal for a business owner only fulfillingpart of contractThat is called “breach the contract” and is illegal Regards, [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. For your reference, details of the offer I reviewed appear below.
I would like to point out samestatements from the business are not correct.First, I had talked with Steve, the owner, regardingcontract termination because of the issue with Membership Freeze. He told me Ishould talk to AAC to terminate the contract because he will not fulfill that MembershipFreeze option as the previous owner does. Then, I contacted AAC and was toldthat I should contact the gym to terminate the contact because AAC only deductmonthly membership fee from my credit card and has no right to terminate themembership. Therefore, I contacted the gym multiple times and requested toterminate my membership. The owner didn’t give me any response regarding myrequest. That’s the reason I contacted Revdex.com for help.Second, the “Membership Extension” term written in thecontract did state that the member maybe granted an extension of membership fora period of time (minimum 30 days absence) when they were unable to use thefacility due to illness, etc. If you need to travel for a long period time, howcould you be able to use the facility? As I stated in previous statements, thereason I signed the 2-year contract with the previous owner is because heprovided the Membership Freeze option. Otherwise, I would not have made thatdecision.Third, all members who signed the contract with the previousowner are aware of the membership freeze option. Therefore, it is a verbal agreementbetween the previous owner and members who signed contracts. Even with AAC, thecompany that collects membership fees for Parkwest is aware of this option.Please refer to previous written conversation with AAC. Therefore, that verbalagreement is a binding contract. If the current owner want to keep members whosigned contracts with previous owner, he should fulfill it. If he does not wantto fulfill it, he should provide previous members an option to terminate thecontract instead of just taking their membership fee without fulfill thecontract. It is illegal.Fourth, I requested to freeze my membership with the gym andwas told there is no such option anymore after the gym was transferred to thecurrent owner. Many of my friends who are members of the gym had the sameexperiences as I had. None of us was told that we could extend our membershipfor at least 30 days if we (as what was stated in the reply from the business):1) submit a letter to Parkwest requesting an extension; 2) turn in membershipcard to Parkwest. You cannot claim you did not grant the membership extensionrequest because the gym members who requested to freeze membership did notfollow the contract. Because you had never told them they could do so if theyfollow the process and submit required paperwork.Fifth, I would like to provide more information regarding my3.5 months membership that are frozen. I didn’t freeze my membershipfrequently. I only did it twice. I froze two weeks in early 2014 with theprevious owner. The staff didn’t request me to do any paperwork and did notgive me any copy regarding the freeze. They just put notes on my account. I assumedthey would be reliable. The second timeI froze my membership was in May 2014. At that time, the gym was just transferredto Parkwest. At first, the gym staff refused my request to freeze my membershipfor three months and claimed that the new owner would not fulfill it. I arguedwith them because it was illegal. Later, the manager Steve verbally agreed thatI have that option as I signed the contract with the previous owner. However,Steve didn’t give my any paperwork to fill out and no written statementregarding the membership extension. Now, the gym is claiming that I have nowritten proof regarding the 3-months extension. Actually, I am not the onlymember has this kind of experience. My friends also have similar experience.They can be my witness if I file a claim to the Court.Lastly, I would like to say that a contract is a legalbinding for both parties involved. As a customer, we agreed to pay the servicethe gym agreed to provide. By taking membership fee, the gym agreed to provideservices written on the contract. It is not legal for a business owner only fulfillingpart of contract. That is called “breach the contract” and is illegal.
Regards,
[redacted]
We represent RPA Sales, Inc. Parkwest Fitness ("Parlcwesr). Parkwest is the owner and operator of the health club business operated at 1330 Win 1-Ientschel Boulevard, West Lafayette, Indiana. This correspondence shall serve as Parkwest's response to the complaint filed by [redacted]...
("Member") on March 23, 2015. Per correspondence with Rachel S[redacted] of Parkwest on March 30, 2015, the Revdex.com agreed to give Parkwest until April 3, 2015 to respond to the complaint. We thank you again for this courtesy. Parkwest agrees that the Member entered into a membership contract with Paul G. Fortwendel, Jr. d/b/a International Sports Clubs, LLC ("International") on January 4, 2014 ("Contract"). The original term of the Contract is January 4, 2014 to January 3, 2016 ("Term"). The Contract was assigned to and/or purchased by Parkwest on May 9, 2014. To summarize, the Member claims that she is entitled.to freeze her membership under the Contract and that she is entitled to reimbursement for three and one-half months of membership payments that she paid while the account was allegedly frozen. Parkwest denies the allegations of wrongdoing and in support states as follows. First, the Contract does not include any provision that allows the Member to freeze her account if she doesn't need to use the facility "for at least two (2) weeks." The "Membership Extension" provision of the Contract referenced in the complaint states only that the Member ma be granted an extension of her membership for a period of time (minimum 30 days absence) when the Member was unable to use the facility due to illness, etc. This provision does not obligate Parkwest to grant an extension or freeze the Member's account; rather, such extensions are granted in Parkwest's discretion. Furthermore, it is evident from that the language of the Contract that the Contract contemplates the possible granting of such extensions in situations where the Member is absent for a minimum of thirty (30) consecutive days due to illness or matters related to illness. The Member's stated reason for freezing the account is that she travels a lot.Second, the only communications that Parkwest owners and/or employees have had with the Member involved the Member asking to terminate the Contract and sign a new month-to-month contract with Parkwest for a lower raw. Member has never asked Parkwest to extend her membership under the Contract.Third, assuming arguendo that the Contract requires Parkwest to freeze the Member's account, the Member has not complied with the requirements of the "Membership Time Extension" paragraph of the Contract in that she has not submitted a letter to Parkwest requesting an extension of her membership or explaining the reason(s) that the extension is necessary. Moreover, the Member has not turned in her membership card to Parkwest. Additionally, Parkwest has not been provided with any evidence that the Member submitted a letter to International requesting a freeze on her account or that she turned in her membership card to International. Furthermore, Parkwest has never been provided with any evidence that International agreed to freeze her account for three and one-half months as alleged by Member.The Member appears to suggest that she is entitled to freeze her membership account at any time that she determines that she does not need to use the facility for at least two weeks. If the Contract is interpreted in such a manner, the Member would conceivably have the right to elect to freeze her account indefinitely and as often as she chooses based on her unilateral decision that she does not need to use the facility for any reason. Such an interpretation would render the two (2) year contract term (January 4, 2014 to January 3, 2016) essentially meaningless.Please note that Parkwest has agreed to freeze membership accounts when it has been provided with written evidence from or signed by International that International agreed to freeze the subject member's account. Again, Parkwest has not received any such documentation showing that International agreed to freeze the Member's account.In conclusion, Parkwest adamantly denies the allegations of wrongdoing made by the Member in her complaint. Should you require any further information please contact me.Sincerely,Kevin J. R[redacted]