Staunton Health and Fitness

Review: My wife signed up for a trial membership. My 20 month old child fell in their play area and injured himself. My wife called their corporate office ([redacted] to cancel the membership and was told the membership was closed. She didn't want to be out of sight of our child and not know that he was being safe. At the beginning of July I received a email stating that we owed 108.00 and that our account was over due. I went to the organization and signed physical paperwork to cancel the membership. Two days later I received a new email stating that they are refusing to to cancel the account again and will be continuing the charges and also sending it to collection. I don't know what to do they have baited us in and now have lawyers in other states that I cannot get in contact with.Desired Settlement: I want them to clear out my account and stop contacting me like they said they were going to do in April. Their contact info is : [redacted]. Please help me I don't know how to stop them from sending harassing emails and phone calls. Emails like "Hey guess what...someone's card failed again...YOURS". This is completely unprofessional and I just want them to send me an email saying that our account was closed in April as they said and that we owe them nothing.

Business

Response:

I am responding on behalf of Staunton Health & Fitness as we are not affiliated with [redacted].

On 4/9/14, [redacted] purchased our Basic Plus membership which is a month to month open agreement (Membership agreement attached). She paid the $19.99 enrollment fee and $34.73 prorated for her first month. She checked into the club on 4/10/14, 4/16/14, and 4/17/14. She signed her son into the kids club as well on those dates (sign-in sheet and waiver of liability attached). There was never any mention from [redacted] that her son had been injured while under our care nor was there an incident report filed. I have also attached all email documentation from our billing office, contact history from our software system, and email trail from Mr. [redacted]. I will break this down in date order to help with understanding how the events occurred....

4/9/14 - [redacted] Joined club.

4/10/14 - [redacted] and son checked into club.

4/16/14 - [redacted] and son checked into club.

4/17/14 - [redacted] and son checked into club.

5/20/14 - Invoice for dues declined and service charge added.

5/20/14 - Email sent to member stating her payment had declined from billing office.

5/21/14 - Billing office spoke with members husband who stated his credit card was replaced due to a bank merger. He stated he wanted to update this at the gym and would do so as soon as he was back in town.

6/4/14 - Email sent from billing office to member requesting her to call their office. Member responded stating she did not renew her membership as her little one doesn't like being away from her.

6/5/14 - Email received from member stating she no longer wanted to use the gym. Billing office replied asking if she had filled out a cancellation form and advised her of the 30 day notice and the cancellation policy which included past due balances must be paid in order to cancel. Member responded stating "How could she give 30 days notice as she paid for the first month and then decided to quit because her son doesn't like it". The billing office replied again stating the account must be up to date and 30 days notice given in order to cancel. The member was also advised at that time that written notice at the gym is required and management must approve the cancellation based on the cancellation policy.

6/5/14 - Member emailed again saying they do not owe June and that her husband informed the billing office in May that she was cancelling. Billing office responded stating that cancelling was never discussed as he would have been advised at that time of the cancellation policy. Billing office did explain that if they refused to pay the past due the account would be sent to our collection agency. The billing office did offer at that time to waive the service fee as the card declined due to the bank merger. The member stated that her son hates going to the gym and they decided not to be selfish and quit going.

6/12/14 - The billing office sent an email to the member stating we still do not have updated billing information and have not received a cancellation notice.

6/18/14 - The billing office sent an email stating the account is past due and billing information is needed.

6/20/14 - Invoice for dues declined and service charge added.

6/20/14 - Email sent to member regarding declined payment.

6/20/14 - Email received by billing office from member stating she had requested to cancel her membership months ago but will have her husband take care of making sure this is cancelled next week.

6/30/14 - The billing office sent an email to the member stating we have not received the cancellation notice and there is a past due balance.

6/30/14 - Member's husband called and spoke to the front desk staff stating they cancelled several months ago via the billing office. The front desk staff member explained the cancellation policy and he stated he will not fill out a cancellation form and that his son injured himself 2 months ago in our care. He stated he will go to the paper, hire a lawyer, and call the Revdex.com to shut us down. He refused to pay and changed the credit card number.

6/30/14 - Member's husband called back and spoke with the front desk staff again and said he spoke with his lawyer and will fill out the cancellation form and take the rest to court. He stated his wife sent an email to the billing office regarding his son's injury several months ago which we have no record of. He stated he would be in later that day to fill out the cancellation form.

6/30/14 - I received an email cc'd to myself from the member's husband to the General Manager stating the following......

[redacted],

Per our conversation today and the enterprising conversations I had

with [redacted] and lack of care toward my child falling in April I plan to

move forward with legal action against your organization. My wife

([redacted]) talked me out of this back in April when she left your

center with a swollen knot on our child's head at that time that he was

20 month Old's. He has numerous medical bills and was unattended. I

asked my wife at that time to plan for action if she wanted and left the

decision to her. It turned out to be more than a lump on our child's

head. My wife has always known when to forgive and forget. She decided

at that time to contact your organization and to terminate her

membership (April). Today we received a bill for past due notice going

to collection. Coming from a person who has a six figure income I can

assure you that I will do everything in my power to prove that what

happened in your facility was lackadaisical, negligent, and

irresponsible. I'm a man of word and intend to follow through with what

I say I will do. My plans are to open a claim against your

organization with the Revdex.com, contact the local Editor,

and file action against you by hiring [redacted] if

they will take the case, if not I'm sure they know someone who will.

This has gone beyond your peril of sending a

108.00 bill to collection. It is a matter of principle and after two

ungoverned and resolute conversations with [redacted] I know I'm making the

correct decision. It is a matter of a mother cancelling her membership

back in April because her child was injured and wasn't comfortable with

him being out of her site. I hope this finds you well, someone will be

in contact. Thank you for your time and effort,

7/1/14 - I replied with the following email.....

Mr. [redacted] -

I am in receipt of your email regarding your son's injury and your

wife's balance. Please address any legal correspondence to my corporate

attorney, [redacted] I would also appreciate you send a copy of any

correspondence to my corporate office, Staunton Health & Fitness,

Attn: [redacted],

my General Manager, has informed me that she is in receipt of your

written cancellation of your wife's agreement and has supplied you with a

copy of the agreement your wife signed when she joined the club which

clearly states the cancellation policy. This policy states there is a

30 day notice as well as your account must be in good standing. Since

her account in not in good standing, we are unable to cancel the

agreement. If you would like to clear this up to avoid additional

monthly charges, please contact our billing office at [redacted].

Regards,

7/5/14 - That was the last correspondence I have had with Mr. [redacted] only to be followed by the following from him..... [redacted] Jul 5 (1 day ago)

to me

Not

a problem at all. Since you have sent smart [redacted] emails to me I will

forward them to the editor of the paper. I am working now with the

B.B.B. and using you as the problem contact for the claim with the Reno

Address to file a claim since we have been told TWO times now that this

contract has been closed, once in April and again the other day. I

don't understand how hard this is for your organization and yourself to

process but I'll work to handle the problem. And yes my lawyers are

contacting your team in Culpeper. This is quite the scheme you are

running here and as the Mall has a new owner I will also let him

understand this direct refusal to end this contract which my wife was

told was a trial period to start with.

Also a word of advice: I would have paid the 108.00 dollar charge

if it weren't for all of the smart [redacted] comments from your receptionist

[redacted] when I called in. Maybe you could get an adult to answer the

phone. I had to leave work early to close the account face to face and

three of my co-workers said "that place is horrible and I'm trying to

get away from it as well, you are going to have to go there in person

because it's ran by children" and they were spot on.

Jul 5 (1 day ago)

to me, [redacted]

Oh

my Gosh your organization's B.B.B. rating is an "F" no big surprise.

We really need to start checking on all of these rip off schemes...

to [redacted], me

I'll

just pay them but Ill never stop fighting this. To say your cancelled

in April and call in July and say you have a bill is whats called a

"Bait and Switch" according to the B.B.B. I have sent in my letter to

the editor...look for it! Hopefully everyone in Staunton and Augusta

can be informed to be careful and not trust what they're told either

once it gets published!

Yes, we do! Didn't think to do that.

In conclusion, I feel that we have gone to the fullest extent to explain verbally, by email, and by the signed agreement between the member and Staunton Health & Fitness the cancellation policy of our club. Regarding Mr. [redacted]'s request, we will not clear his account per our cancellation policy which states 30 days written notice. Mr. [redacted] has filled out the cancellation form but cancellations will not be accepted on accounts that are not current and in good standing. Unfortunately, due to the account not being in good standing, the 30-day notice has not been accepted. IF Mr. [redacted] were to update the account today, the July dues would be due as well as the $38 enhancement fee also due July 20th. The longer this goes on, the more service and late fees accumulate. As you can see from the documentation above and attached, there has been an abundance of communication between all parties involved. I have provided Mr. [redacted] with the information to our corporate attorney in Virginia. I have never provided him with any information in any other state regarding legal matters. Mr. [redacted] has access to our billing office, the health club, my attorney, as well as my corporate office in Reno.

Please don't hesitate to contact me with any additional questions or concerns.

Staunton Health & Fitness

Consumer

Response:

I have reviewed the response 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.

Regards,

This isn't about my child or him falling and hitting his head and arm. Your email clearly shows that my wife hasn't been to your facility since April which she was told by one of your staff members that she was on a trial period. The REAL problem here is that now it is three months later and were hearing that we were members. How did you do that to her? The reason our cards were declined was because of the bank being bought out and changing our card numbers. We wanted to be a part of this club and even talked about joining together but were uncomfortable having such a young child being cared for by another childish person. You could have contacted us or said "hey you know we tricked you and there's no way out of this contract and you need to pay". Your calls and emails were spammed and ignored due to the fact that your staff member told my wife she was on a trial period and she thought it was just for the month of April. She was trying to be polite and not bring up the fall.

Review: I'm not sure if I selected the correct Nature of Complaint. I had/Have a contract with Staunton Fitness a group of us was signed up through our employment. At the time the Man the was there for Staunton Fitness told us a lot that along the way we have found to be untrue In different areas. I was on the $9.99 monthly plan I can cancel anytime for any reason per contract In August I went in to cancel my membership I was given the run around by staff and was told I still had to ay for that month I agreed to it. The reasons for canceling was 1st they was always canceling their classes for some reason or another 2nd A medical reason so I no longer went The lady had me sign the forms to cancel I watched her carry it into the Managers office and sit it on her desk due to she was on the phone and had someone in there with her. Mean while my Bank card Info was stolen so I had to change everything. At the end of September I start getting phone calls that my card didn't go through for my bill. I called and told them my membership was canceled so I shouldn't have payments being charged they said they will check what was going on. Then I get calls saying my October payment wasn't made either I told them again I canceled the membership they told me they must of misplaced it and I needed to go in and sign another paper to stop the membership. I went in again they told me I cant cancel it because now I owe $68 1st my monthly amount was 9.99 and the said I didn't pay the last 2 months. I told them again what happen and I didn't feel I owe them any money. and told them that I have co workers they did this to also. Their own employer looked at me and said yeah we been getting this a lot. Well the manager wouldn't come out of her office. I signed another paper the lady up front let me do and today I get a call saying I owe $77. I don't feel I owe this When I spoke to [redacted] at billing Friday she told me I needed to call and talk to manager or they was taking me to collections. Well the manager doesn't return callsDesired Settlement: To stop my Membership ad make my Balance 0

Business

Response:

It is true that we do not sell contracts. We sell month to month agreements that can be cancelled at any time providing the account is in good standing with 30 days written notice in the club. We have cancellation forms available at the front desk that reiterate the cancellation policy and we ALWAYS give a copy to the member so they are aware of the policy that is also stated on the member agreement required to be signed at the time of enrolling for a membership. We do not have any record of the cancellation notice Ms. [redacted] states she filled out and have asked for documentation on her end. Ms. [redacted] does not have documentation either. However, Ms. [redacted]'s September payment did not process in order to be in good standing to cancel. Below is a timeline noted in our records.......

September 10th - We emailed the member that her payment had declined with no response

September 30th - We called and left a voicemail with no response

October 2nd - We sent another email regarding the credit card declining with no response

October 9th - We called and left another message in which she called right back to be informed she was past due. The member did state she had cancelled and we explained there was no record of a cancellation. We also reiterated to her the cancellation policy

October 10th - We sent another email regarding her payment declining

October 17th - Member came into the club and filled out a cancellation form but the administrative office is unable to cancel the agreement due to the account not being in good standing.

I have attached the Contact History notes, payment schedule, and a copy of our cancellation form for your records.

At this point, the best I can do is cancel and waive the 30 day notice once the account balance is up to date.

Thank you,

Consumer

Response:

I have reviewed the response 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.

They are stating that I needed to give a 30 day notice with my account paid I DID That when I went in The Gym in August they told me I would have to pay the august bill I did that my payment was due on the 10th of the month I went in around the 3rd or 4th. So that would of been 30 days for the Sept. payment and paid in Full even though when I signed up as I stated before The guy [redacted] I take it told us all a bunch of stuff he never mention then a 30 day notice but I still did do that given the time frame I was in. and regarding calls the messages I received are the ones I returned. and emails Did I receive all the ones they Claim they sent no There for a while I didn't have a Computer my hard drive went out in which time frame not sure I never though to keep track of that. I just want my contact to be canceled like it should of been in August. I feel like I'm being pulled around and Once again is not that I'm the only one who had trouble with this but he others just paid it. But I don't feel this is right. To settle this I will the 19.98 for the last 2 months with out all the other fees they try to add on but I will go in and pay Cash with a receipt so they don't have my banking info. no longer I have had to change it Twice for someone stealing my Info.

Business

Response:

I am willing to accept $39.48 which is one service charge for $19.50 and two months dues at $9.99 each.