Sport & Health Club

[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 Sport & Health Club regarding complaint
ID ***
Regards,
*** ***

This place is listed as a "cruising" location for people wishing to engage in sexual activities in a public place. There are multiple websites identifying Sport and Health as a hotspot for sexual acts. For example http://americansfortruth.com/my-backyard/virginia/ or http://www.cruisinggays.com/fredericksburg/gyms/22542-sport-and-health-frederick...⇄ I have walked in on sexual acts in the mens room. There needs to be better security. This is one of the reason I cancelled my membership. Tried to at least, but that a different story. I don't care what people do in their homes, but when I'm at the gym I do. Sport and Health doesn't seem to care. I let a staff member know. Still happens.

Review: I went in and joined the gym and added my mother as a sub-member, she wanted the personal trainer package so I got it, it was $99. So we left and they called me the next day to say it appeared my mother had a previous contract with them, she explained that she never had one however her ex fiancé did, they asked her if he filed bankruptcy and she told them he did. The rep told my mother she would have to check with the gym manager to see if my mother could still be on my contract. They talked to my mom and she told the we needed to know as soon as possible (keep in mind they have a three day cancellation rule) so we could just join another gym because we were going together. The rep called to cancel my moms appt with the trainer and said she would call back after she spoke with her manager. I called them the following week because they never called us back and they told me they took her off my contract, so I asked them to cancel and return my money and she said I needed to talk to corporate because the three day cancellation period had passed. I called and they told me they would contact the gym and get back to me this was about 2 weeks ago and not only have I not heard from them, but I am still technically a new member and I haven't heard from them either or had an offer even of that first initial session they schedule for you.Desired Settlement: Just want my money returned so I can join another health club.

Business

Response:

I spoke with [redacted] from the company and he states that the consumer was listed on the last membership as a child, that membership ended up going to collections because the last payment the business received was in 2009. He also states that there is no record of a recent membership or a $99 payment from the consumer.

Consumer

Response:

I have reviewed the offer 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.

Complaint Detail

Review: Sport and health accounting dept and management at [redacted] sport and health are telling me that I cannot cancel my membership, this is a statement from [redacted] at member services after I sent an email to the accounting dept requesting to terminate my membership (following cancelation guidelines from the sport and health website) as of 11/9/13 " Unfortunately, we cannot process your request to cancel your membership at this time. You are in a membership that will fall out of term and will continue month to month on 03/01/2014 unless you notify us otherwise. Would you like for us to cancel your membership after the 02/14 billing? You can also pay an early termination fee of $190.00, which will be charged to your EFT on file, if you would like to cancel now. The payment must be made by November 27th to avoid December dues." This is the Buyers rights to cancel term directly from the contract: 7. BUYER'S RIGHTS TO CANCEL/TERMINATE. aIf the member wishes to cancel this Agreement, the member may cancel by making or delivering written notice to the Club. The notice must say that the member does not wish to be bound by this Agreement and must be delivered or mailed before midnight of the third business day after the member signs this Agreement. The notice must be delivered or mailed to the address on the face of this Agreement. If canceled within three business days, the member will be entitled to a refund of all moneys paid. The member may also cancel this Agreement if the Club goes out of business or relocates and fails to provide comparable alternate facilities within five driving miles of the location designated in this Agreement. The member may also cancel if the member becomes physically unable to use a substantial portion of the Club for 30 or more consecutive days, and the member's estate may cancel in the event of the member's death. The member must prove that the member is unable to use a substantial portion of the health spa services by adoctor's, physician assistant's, or nurse practitioner's certificate, and the Club may also require that the member submit to a physical examination, within 30 days of the notice of cancellation, by a doctor, physician assistant, or nurse practitioner agreeable to the member and the Club. If the member cancels after three business days, the Club may retain or collect a portion of the contract price equal to the proportionate value of the services or use of facilities that the member has already received. Any refund due to the member shall be paid within 30 days of the effective date of cancellation. Member shall have the following additional rights to terminate this Agreement: (a)aFollowing the Initial Term.aFollowing the initial term, the member may terminate this Agreement for any reason provided that the member gives the Club written notice of cancellation as provided below. If the cancellation notice is received between the first day and the twenty-fifth day of the month, this Agreement shall terminate as of the last day of the first full calendar month following the date of such receipt. If the cancellation notice is received between the twenty-sixth day and the last day of the month, this Agreement shall terminate as of the last day of the second full calendar month following the date of such receipt. (b)aIf member is serving in the Armed Forces and is assigned/ordered out of the area, SHI will cancel this membership and waive any cancellation fees upon the delivery of the Order to relocate. All relocation orders and cancellation notices must be in writing and (i) sent via email addressed to [redacted] (ii) mailed by certified mail, return receipt requested, addressed to the Club at the address on the face of this Agreement, Attention: [redacted] or (iii) to the extent permitted under Section 59.1-297 of the Virginia Health Spa Act, delivered in person to a Club manager or assistant manager at the Club at the address on the face of this Agreement. Notice is not effective if orally communicated (whether in person or by telephone) or sent by fax. All membership dues, fees, costs, and other Charges due through the effective date of termination must be paid in full. Requests to cancel this Agreement with unpaid balances will not be processed until all balances are paid. Another email from sport and health accounting: Re: Cancelation [redacted] Your contract does not allow to cancel your membership unless you are canceling for medical reasons or active duty military relocation. The buyout option is something that management has decided to offer to members as an alternative but is not in the contract. Thanks so much for contacting Sport & Health Member Services! If you have any questions, please don't hesitate to email us or call us at [redacted]. Sincerely, Member Services/Marine Sport & Health Please help, I dont understand why I have to pay $190.00 for a fee that s&h management has decided to charge me when nothing is stated in the contract about a "buyout fee" I'm currently on fmla, im a caregiver to my dad who has leukemia and is getting treatment at Johns Hopkins Hospital in Ba[redacted]. We travel 2 hours 1 way at least 3 times a week, I don't have the time or money to keep the membership at this gym. Please feel free to give me a call @ [redacted] if you would like a copy of the correspondence between s&h and myself and/or my contract. Thank you for any and all help, if this matter does not get solved by 11/27/13 I will be charged for an additional month membership and the "buyout amount will be $10.00 more".Desired Settlement: Canceled membership with no additional charges, I have already paid November's dues.

Business

Response:

To whom it may concern,

I am writing you in reference to [redacted] complaint to the Revdex.com. [redacted] signed a 12 month contract with Sport & Health on 02/27/13. In October of 2013 she contacted accounting to request a lower rate. At that time, we let her know that she had the lowest rate that is offered. Then on 11/11/13 she contacted accounting again requesting an early termination. At that time we told [redacted] that she was still in her term and in order to cancel early she would need to pay and early termination fee of 190.00 per her signed agreement with the club when she joined. She was very upset. We then told her the only way to early terminate without a fee was to have a doctor’s note or military deployment. She provided us with a doctors stating her father’s illness. We normally do not allow early termination for taking care of someone but in her case, they allowed it and made a special exception. Her membership was in fact cancelled with no fee on 11/22/13.

Thank you,

[redacted] Sport & Health

This place is listed as a "cruising" location for people wishing to engage in sexual activities in a public place. There are multiple websites identifying Sport and Health as a hotspot for sexual acts. For example http://americansfortruth.com/my-backyard/virginia/ or http://www.cruisinggays.com/fredericksburg/gyms/22542-sport-and-health-frederick...⇄ I have walked in on sexual acts in the mens room. There needs to be better security. This is one of the reason I cancelled my membership. Tried to at least, but that a different story. I don't care what people do in their homes, but when I'm at the gym I do. Sport and Health doesn't seem to care. I let a staff member know. Still happens.

Review: Sport and Health staff felt free to share my fitness info and goals with other gym members. I went to a meeting and it was communicated in front of the entire Business staff that I shared the same trainer as the manager and the reasons why I joined the gym. This was shared with the trainer in confidence/ and I did not give her permission to share any of my information. I did not go back to the gym after that and have struggled to get my membership closed and fees returned. I was in the that gym less than 60 days. Your assistance with a refund or Credit would be Greatly appreciated. I also paid for Personal training session that the trainer did not want to complete.Desired Settlement: I would like an apology and a refund.

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 Sport & Health Club regarding complaint ID [redacted].

Regards,

Review: I met with a representative at the Sports & Health facility on seeking information on a membership for a family. I was told upon signing the contract that a fee of $24.99 would be required for anyone over the age of 18. Anyone under the age of 18 would be included in the contract as a rider and would be "no cost" to use the facility. The contract was signed on December 1, 2012. My son [redacted] who is 16 was given a membership card and I was not charged for him using the facility. At the end of February 2013, his membership was revoked, I went into the facility to find out why he was no longer able to enter the facility? I was told I needed to contact their accounting department via e-mail to find out what the problem was as it was revoked by their corporate office. On March 4, 2013, I e-mailed the facility to find out why it was being revoked and was told there was a charge of $24.99 to add him to the plan. I contacted the accounting department on March 4, 2013 and was told he could be added back for a fee of $24.99? I then explained what was told to me at the signing of the contract in December. On March 12, 2013 the facility told me that they were charging a fee to add him back. I feel they baited me on one price and after using the membership for 2 months at no charge they switched the terms and conditions of the contract and are saying if I want to add my son, I will now have to pay $24.99. I feel like they are breaching the original agreement? I also feel this may be a common practice that they are doing to get consumers in to join the facility as the younger kids have no activities in the area and they enjoy the use of these facilities. Once they get use to using the facility, they then change the terms of the agreement. I want them to be held accountable for the information their employees convey to consumers to lure them into improper business agreements. I feel the establishment treated me a customer very unfair and now I'm bound to a 2 year agreement that I want to get out of since it was changed by sports & health. If they want to change the agreement, 2 months into the deal then I as a consumer should have the right to also renegotiate the deal as well. Why is this now a one sided deal which Sports & Health get to direct? It's simply unfair!Desired Settlement: I would like for the facility to honor the original agreement or allow me to get out of the deal. Also they never apologized or offered any type of mutual resolution. They have forced me into an agreement that is only benefical for them as a business. I thought the purpose of business was to be benefical for all parties. This is now a one sided agreement, it seems unlawful to change the terms of the agreement and force me to pay more money when that wasn't stated up front. If they are hiring people who are presenting false information to lure customers in, we as the customer should not be held accountable for that misfortune, the should ensure their employee's are presenting the proper information when having people sign agreements. If the employee make a mistake it should not be at the expense of the customer. Even now the employees are saying the new rule is minors have to pay $10 extra to be added? That's a heck of a lot cheaper than $24.99 although the original statement was "no charge." I would like something in writing showing the exact fees, I requested this on my e-mail and was not given that information, I was told to contact [redacted] General Manager. I did not take this route as I felt the membership department has already spoken to this gentlemen regarding my problem. Therefore, I didn't feel they would do anything to satisfy my complaint. Any assistance you can provide would be greatly appreciated in letting them know that it is unlawful to breach or change agreements when it only benefits one. Consumers do not have to just sit and allow this to happen without any recourse.