Portland Fit Body BootCamp

To whom it may concern, My name is Emily J [redacted] and I am the owner of Portland Fit Body Bootcamp I am responding to Revdex.com Complaint ID [redacted] from Ms [redacted] *** I would have replied earlier but have been attempting to work through the issue with Ms [redacted] directly Ms [redacted] has filed a complaint in relation to the fee that she owed when she canceled her membership with us This cancellation fee was clearly explained in the membership agreement that she signed when she joined and a copy of this agreement was emailed to her before her first membership payment ever ran I have included both a copy of her agreement that states our cancellation policy, as well as a screenshot of the email we sent to her with this agreement attached before her membership began I have included a zoomed out screenshot that shows that her agreement was attached, and a zoomed in screenshot that allows you to read the contents of the email To ensure that there is no confusion about our company's policies - including the cancellation fee - we encourage all clients to look over their agreements in the email that accompanies their membership agreement This email is always sent to clients before their first payment runs We also offer a 30-day guarantee period after their first payment runs, during which time members can cancel with no fee After that time, the cancellation fee explained in the agreement applies if a client wishes to cancel early You will see that, in Ms***'s case, we sent her a copy of her agreement on 6/27/and her first membership payment was not run until 8/8/16, which means that she was covered under the 30-day guarantee until her second charge ran on 9/8/ This means she had over two months to read over her agreement and get clarification on any questions that she had or to let us know that she felt the cancellation policy was unfair, or "usurious" as she has stated in her Revdex.com complaint If Ms [redacted] felt that our cancellation policy was unreasonable or did not wish to pay it, the appropriate time to communicate that was before her membership began, or within the first days when she could have canceled with no fee She is now requesting that I violate our very clearly stated company policy and waive a fee that was laid out in her membership agreement and that I allow her to receive the same discounted membership pricing for her months of membership with us that our other clients must fulfill months of membership to get Ms [redacted] also stated that she felt mislead about the calories she could expect to burn in a workout She states that our orientation materials say that clients burn 400-calories per workout and that her fitness tracker indicated that she burned only 225-calories While our orientation materials state that clients CAN burn 400-calories, this is partially dependent upon the effort put forth by the client I have attached a screenshot from one of our other clients, [redacted] ***, who burned calories in a workout with us according to her heart rate monitor Many clients do burn this many calories during their workouts with us if they are pushing themselves at a high-intensity I hope that this email and supporting evidence have provided the necessary information to help resolve this situation We truly did nothing but work hard to serve Ms [redacted] as a client for the months she was with us and then follow our standard procedure when she informed us that she needed to cancel We care a lot about our clients and work hard to operate a good business and our Revdex.com rating is important to us Please let me know if there is any further information or clarification I can provide I would be more than happy to forward along my email exchanges with Ms***, both when she requested to cancel her membership and afterward when trying to resolve things with her directlyThanks in advance for your time and assistance, Emily J [redacted] Owner, Portland Fit Body Bootcamp www.portlandfitbodybootcamp.com (971) 266-*Please view attached document

Complaint: [redacted] I am rejecting this response because:I contend that the termination fee put forth in the contract by Portland Fit Body Boot Camp is unnecessarily punitive and is not reflective of damages incurred by the company by the loss of my membership Refer to Mau VsL.AFitness in which an Illinois court determined that a punitive voluntary termination clause in a gym contract was not enforceable if it "had no relationship to the cost of replacing the member, failed to take into account the quality of services provided to the member, and were only intended to keep the member paying dues." ( [redacted] ) I believe that the harsh fee is designed to ensure that a member continues to pay dues, specifically as it increases the longer a client has been a member - ensuring that it is less and less likely they will terminate as they move forward Also, there is no evidence that the loss of my membership is damaging to the gym in terms the ability of the gym to remain solvent MsJ [redacted] 's contention is that the termination fee is in the contract, which I do not argue; however I argue that the fee in the contract itself is unreasonableParticularly because it is increasingly punitive the longer a client is a member of the gym My complaint stands that this is an unfair and excessively harsh fee.MsJ [redacted] 's attempt as resolution of this issue were unsatisfactory to me as she offered me $to delete my negative reviews of the gym on both Facebook and Yelp When I replied that I was unwilling to delete my reviews as $still seems to be an excessive termination fee, plus my personal conviction to remaining honest about my experiences, MsJ [redacted] chose to rescind her offer and cease working towards compromise I feel this is verging on unethical as it appeared to be a bribe to get me to delete an honest and fair review of my experiences.As to MsJ [redacted] 's claim about calorie-burn per workoutA picture of one individual's single experience is not reflective of the experiences of most gym-goers on the whole and I am happy to provide any number of photos of my own fitness tracker indicating much fewer calories burned in every session Additionally there is no proof that the calories burned in the photo provided by MsJ [redacted] were legitimately burned in either a single session at the gym or even at the gym at all, is hearsay, and flimsy evidence at best As stated in my initial complaint, I recognize that a termination fee for many businesses is standard procedure and to feel that my complaint was resolved I would need a refund of the termination fee I paid less $50, which is a reasonable amount to pay for ending a contract early Sincerely, [redacted] ***

Complaint: [redacted]
I am rejecting this response because:I contend that the termination fee put forth in the contract by Portland Fit Body Boot Camp is unnecessarily punitive and is not reflective of damages incurred by the company by the loss of my membership.  Refer to Mau Vs. L.A. Fitness in which an Illinois court determined that a punitive voluntary termination clause in a gym contract was not enforceable if it "had no relationship to the cost of replacing the member, failed to take into account the quality of services provided to the member, and were only intended to keep the member paying dues."   ([redacted]).  I believe that the harsh fee is designed to ensure that a member continues to pay dues, specifically as it increases the longer a client has been a member - ensuring that it is less and less likely they will terminate as they move forward.  Also, there is no evidence that the loss of my membership is damaging to the gym in terms the ability of the gym to remain solvent.  Ms. J[redacted]'s contention is that the termination fee is in the contract, which I do not argue; however I argue that the fee in the contract itself is unreasonable. Particularly because it is increasingly punitive the longer a client is a member of the gym.  My complaint stands that this is an unfair and excessively harsh fee.Ms. J[redacted]'s attempt as resolution of this issue were unsatisfactory to me as she offered me $250 to delete my negative reviews of the gym on both Facebook and Yelp.  When I replied that I was unwilling to delete my reviews as $250 still seems to be an excessive termination fee, plus my personal conviction to remaining honest about my experiences, Ms. J[redacted] chose to rescind her offer and cease working towards compromise.  I feel this is verging on unethical as it appeared to be a bribe to get me to delete an honest and fair review of my experiences.As to Ms. J[redacted]'s claim about calorie-burn per workout. A picture of one individual's single experience is not reflective of the experiences of most gym-goers on the whole and I am happy to provide any number of photos of my own fitness tracker indicating much fewer calories burned in every session.  Additionally there is no proof that the calories burned in the photo provided by Ms. J[redacted] were legitimately burned in either a single session at the gym or even at the gym at all, is hearsay, and flimsy evidence at best.  As stated in my initial complaint, I recognize that a termination fee for many businesses is standard procedure and to feel that my complaint was resolved I would need a refund of the termination fee I paid less $50, which is a reasonable amount to pay for ending a contract early.  Sincerely,
[redacted]

To whom it may concern,   My name is Emily J[redacted] and I am the owner of Portland Fit Body Bootcamp.  I am responding to Revdex.com Complaint ID [redacted] from Ms. [redacted].  I would have replied earlier but have been attempting to work through the issue with Ms. [redacted] directly....

    Ms. [redacted] has filed a complaint in relation to the fee that she owed when she canceled her membership with us.  This cancellation fee was clearly explained in the membership agreement that she signed when she joined and a copy of this agreement was emailed to her before her first membership payment ever ran.  I have included both a copy of her agreement that states our cancellation policy, as well as a screenshot of the email we sent to her with this agreement attached before her membership began.  I have included a zoomed out screenshot that shows that her agreement was attached, and a zoomed in screenshot that allows you to read the contents of the email.      To ensure that there is no confusion about our company's policies - including the cancellation fee - we encourage all clients to look over their agreements in the email that accompanies their membership agreement.  This email is always sent to clients before their first payment runs.  We also offer a 30-day guarantee period after their first payment runs, during which time members can cancel with no fee.  After that time, the cancellation fee explained in the agreement applies if a client wishes to cancel early.  You will see that, in Ms. [redacted]'s case, we sent her a copy of her agreement on 6/27/16 and her first membership payment was not run until 8/8/16, which means that she was covered under the 30-day guarantee until her second charge ran on 9/8/16.  This means she had over two months to read over her agreement and get clarification on any questions that she had or to let us know that she felt the cancellation policy was unfair, or "usurious" as she has stated in her Revdex.com complaint.    If Ms. [redacted] felt that our cancellation policy was unreasonable or did not wish to pay it, the appropriate time to communicate that was before her membership began, or within the first 30 days when she could have canceled with no fee.  She is now requesting that I violate our very clearly stated company policy and waive a fee that was laid out in her membership agreement and that I allow her to receive the same discounted membership pricing for her 10 months of membership with us that our other clients must fulfill 18 months of membership to get.        Ms. [redacted] also stated that she felt mislead about the calories she could expect to burn in a workout.  She states that our orientation materials say that clients burn 400-500 calories per workout and that her fitness tracker indicated that she burned only 225-250 calories.  While our orientation materials state that clients CAN burn 400-500 calories, this is partially dependent upon the effort put forth by the client.  I have attached a screenshot from one of our other clients, [redacted], who burned 500 calories in a workout with us according to her heart rate monitor.  Many clients do burn this many calories during their workouts with us if they are pushing themselves at a high-intensity.   I hope that this email and supporting evidence have provided the necessary information to help resolve this situation.  We truly did nothing but work hard to serve Ms. [redacted] as a client for the 10 months she was with us and then follow our standard procedure when she informed us that she needed to cancel.  We care a lot about our clients and work hard to operate a good business and our Revdex.com rating is important to us.   Please let me know if there is any further information or clarification I can provide.  I would be more than happy to forward along my email exchanges with Ms. [redacted], both when she requested to cancel her membership and afterward when trying to resolve things with her directly. Thanks in advance for your time and assistance, Emily J[redacted]  Owner, Portland Fit Body Bootcamp www.portlandfitbodybootcamp.com (971) 266-3222 *Please view attached document.