Thank you for your letter and the opportunity to respond to the concerns expressed by the complainantAs I was contacted by the complainant to fulfill her desire for coaching and show prep in September, 2015, I advised her of the terms of my coaching services, both in writing and verballyShe signed a medical questionnaire and agreed to the terms I set forth in the contractShe paid me the amount that I charge for a year of coaching/show prep servicesDuring these communications, I told to her that no refunds are allowed in no uncertain termsI do not give refunds for several reasons: I provide a service, not a tangible product that can be returned and resold I provide support and feedback that comes from my concern for others as human beings I analyze an athlete’s progress and provide advice to achieve specific results Most of my work is up front, analyzing body makeup, metabolism, health, and then custom design meal plans, workouts, and posing routines for my clients to be used to accomplish their various goals Once I turn that work product (representing hours of analysis) over to my clients, there are no refunds If I gave refunds for people who want to quit after they receive what they sign up for, after I have lived up to my end of the agreement, as the complainant demands, I wouldn’t be in business long In this instance, the complainant accepted my services for Bikini competition coaching, received my customized meal and exercise plans, used them for several months, and achieved the results in order to compete in a showAt no ***e before mid-March did she ever indicate she was dissatisfied with my coaching services and if she had, we would have worked to address her concernsI have several media posts of her enjoying the journey with members of my team as late as February Her decision to quit came as quite a shock as I had invested a lot of ***e and energy into her development and she was so close to her showIt is rather self-serving on her part to now claim she was unhappy all that ***e and did not receive the coaching that she was expecting For months, she accepted the services, yet remained silent about the concerns she claims she now has, and just before the show, she quit and demanded a refundA few weeks later, she competed in the show (at which I served as a judge) in the Bikini category and placed very well in the open category and also very well in the novice category, proving that my coaching and show prep advice to her was sound and accurate, e.gworthy of paymentI provided the coaching that I provide to many other people in the fitness industry and who receive it without complaintI have never had a client ask for a refund because I more than live up to my end of the bargain Sincerely, [redacted]
Revdex.com: I have reviewed the response made by the business in reference to complaint ID [redacted] , and have determined that this does not resolve my complaint For your reference, details of the offer I reviewed appear below.[To assist us in bringing this matter to a close, we would like to know your view on the matter.] Regards, [redacted] It should be known I sought out the Revdex.com, because as an organization, its job is to assist in mediation to resolve complaintsThis action was taken before filing this with the StCroix County, in hopes of being able to come to a resolution before bringing it to the attention of the courtIt should be noted since I have taken this to the StCroix County Courts, Tim was asked for a single response by the commissioner, rather than daily responses as he so claims The process I follow for both the Revdex.com and the court is applicable under law and in no way represents harassmentIt is my right to seek outside mediation when two parties disagree on terms involving moniesI am willing to come to an appropriate settlement to cease the escalation, however, it is clear in Tim's response that he is not willing and unbending in this regardWhat Mr [redacted] is labeling as harassment, the court and the Revdex.com identify as due process, therefore his clams are based on opinion outside the norm and frankly fictitious Mr [redacted] failed to meet any satisfaction requirements in his agreement with myselfWhen I attempted to address that with him, he was unwilling to offer any solution to both parties agreement while I was openHis communication was not acceptable during the course of the short time I was with [redacted] Nutrition TrainingDue to his lack of professionalism, I question his credentials and do not believe he now has the necessary credentials to identify himself as he does in his businessAs he was misleading at the time of the agreement being in place, I believe this agreement was based on manipulated information and as such are due to a full refund now, not partial I do not agree with his position and in fact, see it frankly as complaining, instead of addressing the root of the concerns of this matter
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.[To assist us in bringing this matter to a close, we would like to know your view on the matter.]
Regards,
*** ***
I am rejecting this business’ response because of Mr*** failure to address the original complaint and failure to reconcile a fair settlement
In his response, Mr*** did not attempt to resolve any part of the issue regarding his failure to provide services by not responding to my check-ins for longer than a two week period and his unwillingness to provide a refund of the funds he received for services that he will not be providing
“In this instance, the complainant accepted my services for Bikini competition coaching, received my customized meal and exercise plans, used them for several months, and achieved the results in order to prepare for a show competition.”
This statement is grossly is incorrectWhen I hired Mr*** in February I made it very clear that I was not looking to compete in a competition anytime soon, but rather wanted the support of a coach until I decided to do soAdditionally, as stated in my initial complaint, the exercise and meal plan were not customized, an issue which Mr*** blatantly covered up in his response It is important to note that Mr*** response confirms that he provided services for “several months”, five to be exact, rather than an entire year of services Mr*** collected funds for a year of services, however; he will not be providing any services from July 2016-January
In Mr*** response, he claims that he advised me of his strict no-refund policy verbally and in writing Although I agree with Mr*** that he did provide a contract for my for signature, it was never signed, therefore; there is no binding contract for his services Also, the time period in which I received services was a total of five months from February to June. Mr*** is denying the requested refund based on the claim that “if [he] gave refunds to people who want to quit after they receive what they sign up for, [he] wouldn’t be in business for long.” As Mr*** points out, he does not give refunds for services that he renders and that are received by a client In this case, I am requesting a refund for services that Mr*** has not rendered I am not requesting a refund for services that have been rendered Accordingly, Mr*** fails to adequately address this issue"It is rather self-serving on her part to now claim she was unhappy all that time and did not receive the coaching that she was expecting."
Again, Mr*** does not address the issues that have lead to my dissatisfaction with his services I have not claimed to be “unhappy all this time.” Instead, I have provided specific events and reasoning that have lead me to desire a refund for payment of services which Mr*** has either failed to render or has not yet provided“This matter is being handled with the courts in StCroix county and so I am not sure what filing a complaint with the Revdex.com was supposed to accomplish, given this other simultaneous development.”
Mr*** correctly points out that I have taken alternative action in an attempt to recover my costs This matter is separate from the Revdex.com complaint This complaint was initially filed in an attempt to reach an amicable resolution with MrThompson, but because he has been unwilling to resolve this issue, I have taken alternative measures
Previously, I have answered the complainant's concerns to the best of my ability I am not sure what is new within her complaint that I have not already addressed, numerous times
And please forgive my delay, I have been responding to her many court filings over the past week so it feels like I'm responding to her duplicative concerns, both within the Revdex.com and in court, on a daily basis.
Despite the complainant's constant harassment, I am not willing to offer a satisfaction guarantee or a refund She has a case of buyer's remorse, and though I met all of my obligations under the contract, she did not fulfill her end of the bargain and quit when the going got tough.
Sometimes it happens, as training for bodybuilding competitions is not for everyone You have to put in hard work, be very strict with your diet, and possess mental toughness in order to meet your goals You don't get to blame your coach because it didn't work out for you and then demand a refund.
I've been doing this for several years and no one in the industry offers money back guarantees because much of this is up to the individualIf someone has never pushed him or herself, success remains an unknown.
With all due respect, this is a factual matter to be resolved by a trier of fact I believe that responding to a Revdex.com complaint three times, in addition to simultaneously being sued, is nothing more than harassment in which the Revdex.com is being manipulated for that purpose.
Sincerely,
*** ***
CPT & Certified Nutritionist
*** ***
***
CLIENT HEALTH QUESTIONNAIRE
Congratulations on choosing *** Nutrition Training! To help us design a program based around your specific goals, please fill out the requested information below with as much detail as possible. Information provided below is confidential GENERAL INFORMATION NAME: ____________________________ TODAYS DATE: ___/___/___ DATE OF BIRTH: ___/____/____ AGE: _______ ADDRESS:__________________________________________ CITY:______________ STATE: ________ PHONE #: ________________________ E-MAIL: _____________________________________________ OCCUPATION: ___________________________________ FACEBOOK NAME : ___________________________ INSTAGRAM HANDLE: @____________________ How did you hear about TNT?: ____________________________________________________________ HEALTH QUESTIONNAIRE Height: ____’ ____” Current Weight: _______lbsDo you smoke?: YES or NO (If yes, how much?) ______________________________________________ Do you drink?: YES or NO (If yes, how many drinks per week? ______) Do you use any other drugs: YES or NO (If yes, Explain:)________________________________________ Do you currently or have you ever had an eating disorder? If yes, explain: __________________________ ________________________________________________________________________________...⇄ When was your last medical checkup?: ______________________________________________________ List all current Medications: _______________________________________________________________ ________________________________________________________________________________...⇄ Current Supplements: ____________________________________________________________________ ________________________________________________________________________________...⇄ List any diets, meal plans, past coaches that you have tried in the pastWhy did they work/not work: ________________________________________________________________________________...⇄________________________________________________________________________________...⇄ Food Allergies/ Food intolerances: _________________________________________________________ ________________________________________________________________________________...⇄ Any foods you do not like/will not eat?:_____________________________________________________ Current physical activity/ routine: __________________________________________________________ What type of gym do you work out at? ______________________________________________________ List any and all fitness goals: ______________________________________________________________ ________________________________________________________________________________...⇄
MEDICAL HISTORY CHECKLIST
CLIENT NAME __________________________________ TODAY'S DATE: __________________
HAS THIS PERSON EVER HAD: YES NO ?? YES NO ??
Anemia Arthritis
Asthma Back Trouble
Bladder Infections Bleeding Tendency
Blood transfusion Bronchitis
Cancer Diabetes
High Blood Pressure Hay Fever/ Sinusitis
Nose Bleeds Hepatitis
Ulcer Hives
Kidney Disease Pneumonia
Meningitis
NOTES:
FAMILY HISTORY: YES NO ?? YES NO ??
Alcoholism Alzheimer’s
Anemia Asthma
Cancer Heart Failure
Lung disease Arthritis
Seizures Emphysema
Diabetes Gallbladder Disease
Heart Conditions High Blood Pressure
Gout Leukemia
Kidney Disease Migraines
Depression Suicide
Mental Illness Eating Disorders
Obesity Severe Allergies
Ulcers Thyroid Trouble
NOTES:
SURGERIES:
LIST ANY AND ALL SURGERIES THAT YOU HAVE HAD:
OTHER NOTES:
I _____________________________ certify that all of the above statements are trueI have listed any and all
medical conditions that I have, as well as providing my medical history
X_______________________________________________ Todays Date: _______________________
*** Training Nutrition, LLC
*** *** [email protected] [email protected]
Instructions:
Prospective Client must provide all of the information requested in this Service Contract, along with a completed Client Health Questionnaire, and submit both signed documents to *** *** via email at: [email protected] before services will commence. The latest date that this Service Contract is signed by both parties will be the effective date of the Service Contract
Service Contract
For purposes of defining specific terms used in the following agreement (hereinafter, “Contract”):
“Client” or “Prospective Client” or “Client Athlete” shall refer to __________________________[CLIENT’S TYPED NAME], whose signature appears at the end of this Contract;
“TNT” or “TNT Representative” shall refer to an authorized representative of *** Nutrition Training, LLC, including but not limited to *** ***, whose signature appears at the end of this Contract
Statement of Client Responsibilities
In exchange for receiving the following plan(s) of services [SELECT ALL THAT APPLY BY CHECKING THE BOX IN FRONT OF THE PLAN YOU INTEND TO PURCHASE]:
Coaching Plan,
Meal Plan,
Competition Preparation Plan, and/or
Personal Training Plan,
Each of which have been explained to me, in advance and which are offered by TNT;
(a) I, _______________________, understand and agree not to share any proprietary or confidential information given to me by TNT through any and all forms of communicationIf I divulge any proprietary or confidential information to any other party, including any Plan information that was prepared by TNT specifically for me, I will be subject to any and all legal remedies in law or equity, including but not limited to a breach of contract action for violating this agreement
(b) I understand and agree that TNT representatives are not forcing me to do anything when providing any of the identified services, and I am seeking to engage TNT’s offered services at my own discretion
(c) I understand and agree that TNT has the right to discontinue the plan once agreed upon, and can terminate my status as a TNT client for any reason at any timeReasons for termination include, but are not limited to [PLEASE CHECK ALL BOXES AFTER READING AND AGREEING TO THESE TERMS]:
• I fail to follow the custom plan made available by *** *** or other representative of TNT,
• I fail to make progress toward mutually agreed-upon goals,
• I fail to disclose pertinent health or other information at the time the contract and questionnaire are executed, or fail to disclose any other information that is vital to the success of TNT’s custom plan created for me to support my goals,
• I defame or slander TNT in any way, or communicate in any way that could reflect negatively on TNT’s reputation as a business or *** *** as a coach,
• I speak, write, post, blog, etcor otherwise engage in conduct that reflects poorly on other coaches, competitors, myself, TNT, or *** ***,
• I choose to compete after *** *** of TNT directs me not to for any reason
(d) I understand that TNT reserves the right to decide if any TNT Client/Athlete will compete in any competition
(e) I understand and agree that if the plan is terminated for any reason by any party, I will receive no refund of any kind
(f) As a TNT Client Athlete, I will positively represent TNT on Facebook, Instagram, or Twitter two times per week, and will identify myself as a TNT Athlete in my social media profiles.
• I understand and agree that any social media posts regarding past competitions must be approved in advance by *** *** of TNT, and that if I make any such post without permission, this contract and my affiliation may be subject to termination
(h) The following description applies to my situation [CHOOSE ONE]:
• I am not currently bound by a previous contract with another coach or entity• I am not currently bound by a previous contract with another coach or entity.
I will provide TNT with a copy of the previous contract before I may be accepted as a TNT Client Athlete.
(i) The following description applies to my situation
I understand and agree that neither *** ***, nor TNT, are responsible for any undesired results that were caused before, during or after any past coaching relationships
I am requesting that *** *** of TNT provide the previously identified services so that I may finish a 16-week contest prep started by a different coach[CHECK EACH BOX TO IDENTIFY YOUR UNDERSTANDING.]
• I understand that neither *** *** nor TNT can guarantee any particular results
• I understand and agree that I am bound by all of the standard Contract terms required of a week prep at the $1,fee See Plan Pricing, below• I understand that any advice that *** *** or TNT gives during our business relationship that is contrary to a past coaches advice is in no way meant to defame, slander, or criticize any past coach/professional
Plan Pricing
(j) I will make one payment of $1,to *** *** paid in full at the time of agreement by check for a standard 16-week contest prep or a $2,payment paid in full by check for one year of coaching that may include a 16-week contest prep if I chooseThese payments are non-refundable
(k) I understand and agree that personal training falls outside the scope of a standard 16-week contest prep and/or one-year term of coaching, and the hourly rate for personal training is session-$80.00, sessions- $280.00, session- $
• I understand and agree that if I wish to receive personal training services from *** *** of TNT that I will write a check for the number of sessions I request or the entire year at the time of agreementThese payments are non-refundable
(l) I understand and agree that if my payment is returned for non-sufficient funds, or if TNT is unable to draw the necessary funds to compensate TNT for the services purchased under this Contract for any reason, I will reimburse TNT for all fees incurred. Such reimbursement is in addition to fees identified under this Contract that will remain due and owing to TNT for the services that I have purchased under this Contract
(m) I further attest that all of my responses to the Client Medical Questionnaire and to the provisions of this Contract are true and accurate
(n) My typed signature below affirms my agreement to all of the terms and conditions of this Contract
______________________________
Signature of Prospective Client
Date: _____________________________________
***
Based upon the responses to the questions above, and those provided by ___________________[TYPE PERSON’S NAME] on the Client Health Questionnaire, I accept the terms of this contract for services that TNT will provide to
Signature of authorized *** Nutrition Training, LLC representative
Date: _____________________________________
Thank you for your letter and the opportunity to respond to the concerns expressed by the complainantAs I was contacted by the complainant to fulfill her desire for coaching and show prep/photo shoots in February 2016, I advised her of the terms of my coaching services, both in writing and verbally which are set forth in the attached contract and questionaireShe signed the medical questionnaire and agreed to the terms I set forth in the contract sending them back to me via email She paid me the amount that I charge for a year of coaching/show prep/photo shoot servicesDuring these communications, I told to her that no refunds are allowed in no uncertain termsI do not give refunds for several reasons: • I provide a service, not a tangible product that can be returned and resold • I provide support and feedback that comes from my concern for others as human beings • I analyze an athlete’s progress and provide advice to achieve specific results • Most of my work is up front, analyzing body makeup, metabolism, health, and then custom design meal plans, workouts, and posing routines for my clients to be used to accomplish their various goals(Yes, the meal plans are absolutely customized to each person and their specific goalsThough the quantities and timing might vary, sometimes the food type recommendations can be similar to others’ plans.) • Once I turn that work product (representing hours of analysis) over to my clients, there are no refunds • If I gave refunds for people who want to quit after they receive what they sign up for, I wouldn’t be in business longIn this instance, the complainant accepted my services for Bikini competition coaching, received my customized meal and exercise plans, used them for several months, and achieved the results in order to prepare for a show competitionAt no time before the end of June did she ever indicate she was unsatisfied with my coaching services and if she had, I would have worked to address her concernsAs for her being hungry, she was dieting, i.eits to feel that way when one is dietingI have several media posts of her enjoying the journey with and eating several “up” days (“up” days are high calorie/high carbohydrate days, meaning she was eating a lot even during a dieting phase) during June Her decision to quit came as quite a shock as she was just about 100% after her surgeryShe was completely happy from February to June 18thOn June 22nd she text & emailed me, and I called her back several timesI then called & texted several more times stating I need to talk to her and discuss more information about the plan, but was afforded no opportunity to address her concerns directlyWith her just having surgery I wanted to address if she was released or had restrictionsIt is rather self-serving on her part to now claim she was unhappy all that time and did not receive the coaching that she was expectingFor months, she accepted the services, yet remained silent about the concerns she claims she now hasI provided the coaching that I provide to many other people in the fitness industry and who receive it without complaintThis matter is being handled with the courts in StCroix county and so I am not sure what filing a complaint with the Revdex.com was supposed to accomplish, given this other simultaneous developmentIn any event, I wish Sonwell and hope that I have addressed the concerns expressed in her complaintSincerely, *** ***
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.[To assist us in bringing this matter to a close, we would like to know your view on the matter.]
Regards,
[redacted]
It should be known I sought out the Revdex.com, because as an organization, its job is to assist in mediation to resolve complaints. This action was taken before filing this with the St. Croix County, in hopes of being able to come to a resolution before bringing it to the attention of the court. It should be noted since I have taken this to the St. Croix County Courts, Tim was asked for a single response by the commissioner, rather than daily responses as he so claims.
The process I follow for both the Revdex.com and the court is applicable under law and in no way represents harassment. It is my right to seek outside mediation when two parties disagree on terms involving monies. I am willing to come to an appropriate settlement to cease the escalation, however, it is clear in Tim's response that he is not willing and unbending in this regard. What Mr. [redacted] is labeling as harassment, the court and the Revdex.com identify as due process, therefore his clams are based on opinion outside the norm and frankly fictitious.
Mr. [redacted] failed to meet any satisfaction requirements in his agreement with myself. When I attempted to address that with him, he was unwilling to offer any solution to both parties agreement while I was open. His communication was not acceptable during the course of the short time I was with [redacted] Nutrition Training. Due to his lack of professionalism, I question his credentials and do not believe he now has the necessary credentials to identify himself as he does in his business. As he was misleading at the time of the agreement being in place, I believe this agreement was based on manipulated information and as such are due to a full refund now, not partial.
I do not agree with his position and in fact, see it frankly as complaining, instead of addressing the root of the concerns of this matter.
Thank you for your letter and the opportunity to respond to the concerns expressed by the complainant. As I was contacted by the complainant to fulfill her desire for coaching and show prep in September, 2015, I advised her of the terms of my coaching services, both in writing and verbally. She...
signed a medical questionnaire and agreed to the terms I set forth in the contract. She paid me the amount that I charge for a year of coaching/show prep services. During these communications, I told to her that no refunds are allowed in no uncertain terms. I do not give refunds for several reasons: I provide a service, not a tangible product that can be returned and resold
I provide support and feedback that comes from my concern for others as human beings
I analyze an athlete’s progress and provide advice to achieve specific results
Most of my work is up front, analyzing body makeup, metabolism, health, and then custom design meal plans, workouts, and posing routines for my clients to be used to accomplish their various goals.
Once I turn that work product (representing hours of analysis) over to my clients, there are no refunds
If I gave refunds for people who want to quit after they receive what they sign up for, after I have lived up to my end of the agreement, as the complainant demands, I wouldn’t be in business long
In this instance, the complainant accepted my services for Bikini competition coaching, received my customized meal and exercise plans, used them for several months, and achieved the results in order to compete in a show. At no [redacted]e before mid-March did she ever indicate she was dissatisfied with my coaching services and if she had, we would have worked to address her concerns. I have several media posts of her enjoying the journey with members of my team as late as February 2016. Her decision to quit came as quite a shock as I had invested a lot of [redacted]e and energy into her development and she was so close to her show. It is rather self-serving on her part to now claim she was unhappy all that [redacted]e and did not receive the coaching that she was expecting.
For 6 months, she accepted the services, yet remained silent about the concerns she claims she now has, and just before the show, she quit and demanded a refund. A few weeks later, she competed in the show (at which I served as a judge) in the Bikini category and placed very well in the open category and also very well in the novice category, proving that my coaching and show prep advice to her was sound and accurate, e.g. worthy of payment. I provided the coaching that I provide to many other people in the fitness industry and who receive it without complaint. I have never had a client ask for a refund because I more than live up to my end of the bargain.
Sincerely,
[redacted]
Thank you for your letter and the opportunity to respond to the concerns expressed by the complainantAs I was contacted by the complainant to fulfill her desire for coaching and show prep in September, 2015, I advised her of the terms of my coaching services, both in writing and verballyShe signed a medical questionnaire and agreed to the terms I set forth in the contractShe paid me the amount that I charge for a year of coaching/show prep servicesDuring these communications, I told to her that no refunds are allowed in no uncertain termsI do not give refunds for several reasons: I provide a service, not a tangible product that can be returned and resold I provide support and feedback that comes from my concern for others as human beings I analyze an athlete’s progress and provide advice to achieve specific results Most of my work is up front, analyzing body makeup, metabolism, health, and then custom design meal plans, workouts, and posing routines for my clients to be used to accomplish their various goals Once I turn that work product (representing hours of analysis) over to my clients, there are no refunds If I gave refunds for people who want to quit after they receive what they sign up for, after I have lived up to my end of the agreement, as the complainant demands, I wouldn’t be in business long In this instance, the complainant accepted my services for Bikini competition coaching, received my customized meal and exercise plans, used them for several months, and achieved the results in order to compete in a showAt no ***e before mid-March did she ever indicate she was dissatisfied with my coaching services and if she had, we would have worked to address her concernsI have several media posts of her enjoying the journey with members of my team as late as February Her decision to quit came as quite a shock as I had invested a lot of ***e and energy into her development and she was so close to her showIt is rather self-serving on her part to now claim she was unhappy all that ***e and did not receive the coaching that she was expecting For months, she accepted the services, yet remained silent about the concerns she claims she now has, and just before the show, she quit and demanded a refundA few weeks later, she competed in the show (at which I served as a judge) in the Bikini category and placed very well in the open category and also very well in the novice category, proving that my coaching and show prep advice to her was sound and accurate, e.gworthy of paymentI provided the coaching that I provide to many other people in the fitness industry and who receive it without complaintI have never had a client ask for a refund because I more than live up to my end of the bargain Sincerely, [redacted]
Revdex.com: I have reviewed the response made by the business in reference to complaint ID [redacted] , and have determined that this does not resolve my complaint For your reference, details of the offer I reviewed appear below.[To assist us in bringing this matter to a close, we would like to know your view on the matter.] Regards, [redacted] It should be known I sought out the Revdex.com, because as an organization, its job is to assist in mediation to resolve complaintsThis action was taken before filing this with the StCroix County, in hopes of being able to come to a resolution before bringing it to the attention of the courtIt should be noted since I have taken this to the StCroix County Courts, Tim was asked for a single response by the commissioner, rather than daily responses as he so claims The process I follow for both the Revdex.com and the court is applicable under law and in no way represents harassmentIt is my right to seek outside mediation when two parties disagree on terms involving moniesI am willing to come to an appropriate settlement to cease the escalation, however, it is clear in Tim's response that he is not willing and unbending in this regardWhat Mr [redacted] is labeling as harassment, the court and the Revdex.com identify as due process, therefore his clams are based on opinion outside the norm and frankly fictitious Mr [redacted] failed to meet any satisfaction requirements in his agreement with myselfWhen I attempted to address that with him, he was unwilling to offer any solution to both parties agreement while I was openHis communication was not acceptable during the course of the short time I was with [redacted] Nutrition TrainingDue to his lack of professionalism, I question his credentials and do not believe he now has the necessary credentials to identify himself as he does in his businessAs he was misleading at the time of the agreement being in place, I believe this agreement was based on manipulated information and as such are due to a full refund now, not partial I do not agree with his position and in fact, see it frankly as complaining, instead of addressing the root of the concerns of this matter
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.[To assist us in bringing this matter to a close, we would like to know your view on the matter.]
Regards,
*** ***
I am rejecting this business’ response because of Mr*** failure to address the original complaint and failure to reconcile a fair settlement
In his response, Mr*** did not attempt to resolve any part of the issue regarding his failure to provide services by not responding to my check-ins for longer than a two week period and his unwillingness to provide a refund of the funds he received for services that he will not be providing
“In this instance, the complainant accepted my services for Bikini competition coaching, received my customized meal and exercise plans, used them for several months, and achieved the results in order to prepare for a show competition.”
This statement is grossly is incorrectWhen I hired Mr*** in February I made it very clear that I was not looking to compete in a competition anytime soon, but rather wanted the support of a coach until I decided to do soAdditionally, as stated in my initial complaint, the exercise and meal plan were not customized, an issue which Mr*** blatantly covered up in his response It is important to note that Mr*** response confirms that he provided services for “several months”, five to be exact, rather than an entire year of services Mr*** collected funds for a year of services, however; he will not be providing any services from July 2016-January
In Mr*** response, he claims that he advised me of his strict no-refund policy verbally and in writing Although I agree with Mr*** that he did provide a contract for my for signature, it was never signed, therefore; there is no binding contract for his services Also, the time period in which I received services was a total of five months from February to June. Mr*** is denying the requested refund based on the claim that “if [he] gave refunds to people who want to quit after they receive what they sign up for, [he] wouldn’t be in business for long.” As Mr*** points out, he does not give refunds for services that he renders and that are received by a client In this case, I am requesting a refund for services that Mr*** has not rendered I am not requesting a refund for services that have been rendered Accordingly, Mr*** fails to adequately address this issue"It is rather self-serving on her part to now claim she was unhappy all that time and did not receive the coaching that she was expecting."
Again, Mr*** does not address the issues that have lead to my dissatisfaction with his services I have not claimed to be “unhappy all this time.” Instead, I have provided specific events and reasoning that have lead me to desire a refund for payment of services which Mr*** has either failed to render or has not yet provided“This matter is being handled with the courts in StCroix county and so I am not sure what filing a complaint with the Revdex.com was supposed to accomplish, given this other simultaneous development.”
Mr*** correctly points out that I have taken alternative action in an attempt to recover my costs This matter is separate from the Revdex.com complaint This complaint was initially filed in an attempt to reach an amicable resolution with MrThompson, but because he has been unwilling to resolve this issue, I have taken alternative measures
Previously, I have answered the complainant's concerns to the best of my ability I am not sure what is new within her complaint that I have not already addressed, numerous times
And please forgive my delay, I have been responding to her many court filings over the past week so it feels like I'm responding to her duplicative concerns, both within the Revdex.com and in court, on a daily basis.
Despite the complainant's constant harassment, I am not willing to offer a satisfaction guarantee or a refund She has a case of buyer's remorse, and though I met all of my obligations under the contract, she did not fulfill her end of the bargain and quit when the going got tough.
Sometimes it happens, as training for bodybuilding competitions is not for everyone You have to put in hard work, be very strict with your diet, and possess mental toughness in order to meet your goals You don't get to blame your coach because it didn't work out for you and then demand a refund.
I've been doing this for several years and no one in the industry offers money back guarantees because much of this is up to the individualIf someone has never pushed him or herself, success remains an unknown.
With all due respect, this is a factual matter to be resolved by a trier of fact I believe that responding to a Revdex.com complaint three times, in addition to simultaneously being sued, is nothing more than harassment in which the Revdex.com is being manipulated for that purpose.
Sincerely,
*** ***
CPT & Certified Nutritionist
*** ***
***
CLIENT HEALTH QUESTIONNAIRE
Congratulations on choosing *** Nutrition Training! To help us design a program based around your specific goals, please fill out the requested information below with as much detail as possible. Information provided below is confidential GENERAL INFORMATION NAME: ____________________________ TODAYS DATE: ___/___/___ DATE OF BIRTH: ___/____/____ AGE: _______ ADDRESS:__________________________________________ CITY:______________ STATE: ________ PHONE #: ________________________ E-MAIL: _____________________________________________ OCCUPATION: ___________________________________ FACEBOOK NAME : ___________________________ INSTAGRAM HANDLE: @____________________ How did you hear about TNT?: ____________________________________________________________ HEALTH QUESTIONNAIRE Height: ____’ ____” Current Weight: _______lbsDo you smoke?: YES or NO (If yes, how much?) ______________________________________________ Do you drink?: YES or NO (If yes, how many drinks per week? ______) Do you use any other drugs: YES or NO (If yes, Explain:)________________________________________ Do you currently or have you ever had an eating disorder? If yes, explain: __________________________ ________________________________________________________________________________...⇄ When was your last medical checkup?: ______________________________________________________ List all current Medications: _______________________________________________________________ ________________________________________________________________________________...⇄ Current Supplements: ____________________________________________________________________ ________________________________________________________________________________...⇄ List any diets, meal plans, past coaches that you have tried in the pastWhy did they work/not work: ________________________________________________________________________________...⇄ ________________________________________________________________________________...⇄ Food Allergies/ Food intolerances: _________________________________________________________ ________________________________________________________________________________...⇄ Any foods you do not like/will not eat?:_____________________________________________________ Current physical activity/ routine: __________________________________________________________ What type of gym do you work out at? ______________________________________________________ List any and all fitness goals: ______________________________________________________________ ________________________________________________________________________________...⇄
MEDICAL HISTORY CHECKLIST
CLIENT NAME __________________________________ TODAY'S DATE: __________________
HAS THIS PERSON EVER HAD: YES NO ?? YES NO ??
Anemia Arthritis
Asthma Back Trouble
Bladder Infections Bleeding Tendency
Blood transfusion Bronchitis
Cancer Diabetes
High Blood Pressure Hay Fever/ Sinusitis
Nose Bleeds Hepatitis
Ulcer Hives
Kidney Disease Pneumonia
Meningitis
NOTES:
FAMILY HISTORY: YES NO ?? YES NO ??
Alcoholism Alzheimer’s
Anemia Asthma
Cancer Heart Failure
Lung disease Arthritis
Seizures Emphysema
Diabetes Gallbladder Disease
Heart Conditions High Blood Pressure
Gout Leukemia
Kidney Disease Migraines
Depression Suicide
Mental Illness Eating Disorders
Obesity Severe Allergies
Ulcers Thyroid Trouble
NOTES:
SURGERIES:
LIST ANY AND ALL SURGERIES THAT YOU HAVE HAD:
OTHER NOTES:
I _____________________________ certify that all of the above statements are trueI have listed any and all
medical conditions that I have, as well as providing my medical history
X_______________________________________________ Todays Date: _______________________
*** Training Nutrition, LLC
*** ***
[email protected]
[email protected]
Instructions:
Prospective Client must provide all of the information requested in this Service Contract, along with a completed Client Health Questionnaire, and submit both signed documents to *** *** via email at: [email protected] before services will commence. The latest date that this Service Contract is signed by both parties will be the effective date of the Service Contract
Service Contract
For purposes of defining specific terms used in the following agreement (hereinafter, “Contract”):
“Client” or “Prospective Client” or “Client Athlete” shall refer to __________________________[CLIENT’S TYPED NAME], whose signature appears at the end of this Contract;
“TNT” or “TNT Representative” shall refer to an authorized representative of *** Nutrition Training, LLC, including but not limited to *** ***, whose signature appears at the end of this Contract
Statement of Client Responsibilities
In exchange for receiving the following plan(s) of services [SELECT ALL THAT APPLY BY CHECKING THE BOX IN FRONT OF THE PLAN YOU INTEND TO PURCHASE]:
Coaching Plan,
Meal Plan,
Competition Preparation Plan, and/or
Personal Training Plan,
Each of which have been explained to me, in advance and which are offered by TNT;
(a) I, _______________________, understand and agree not to share any proprietary or confidential information given to me by TNT through any and all forms of communicationIf I divulge any proprietary or confidential information to any other party, including any Plan information that was prepared by TNT specifically for me, I will be subject to any and all legal remedies in law or equity, including but not limited to a breach of contract action for violating this agreement
(b) I understand and agree that TNT representatives are not forcing me to do anything when providing any of the identified services, and I am seeking to engage TNT’s offered services at my own discretion
(c) I understand and agree that TNT has the right to discontinue the plan once agreed upon, and can terminate my status as a TNT client for any reason at any timeReasons for termination include, but are not limited to [PLEASE CHECK ALL BOXES AFTER READING AND AGREEING TO THESE TERMS]:
• I fail to follow the custom plan made available by *** *** or other representative of TNT,
• I fail to make progress toward mutually agreed-upon goals,
• I fail to disclose pertinent health or other information at the time the contract and questionnaire are executed, or fail to disclose any other information that is vital to the success of TNT’s custom plan created for me to support my goals,
• I defame or slander TNT in any way, or communicate in any way that could reflect negatively on TNT’s reputation as a business or *** *** as a coach,
• I speak, write, post, blog, etcor otherwise engage in conduct that reflects poorly on other coaches, competitors, myself, TNT, or *** ***,
• I choose to compete after *** *** of TNT directs me not to for any reason
(d) I understand that TNT reserves the right to decide if any TNT Client/Athlete will compete in any competition
(e) I understand and agree that if the plan is terminated for any reason by any party, I will receive no refund of any kind
(f) As a TNT Client Athlete, I will positively represent TNT on Facebook, Instagram, or Twitter two times per week, and will identify myself as a TNT Athlete in my social media profiles.
• I understand and agree that any social media posts regarding past competitions must be approved in advance by *** *** of TNT, and that if I make any such post without permission, this contract and my affiliation may be subject to termination
(h) The following description applies to my situation [CHOOSE ONE]:
• I am not currently bound by a previous contract with another coach or entity• I am not currently bound by a previous contract with another coach or entity.
I will provide TNT with a copy of the previous contract before I may be accepted as a TNT Client Athlete.
(i) The following description applies to my situation
I understand and agree that neither *** ***, nor TNT, are responsible for any undesired results that were caused before, during or after any past coaching relationships
I am requesting that *** *** of TNT provide the previously identified services so that I may finish a 16-week contest prep started by a different coach[CHECK EACH BOX TO IDENTIFY YOUR UNDERSTANDING.]
• I understand that neither *** *** nor TNT can guarantee any particular results
• I understand and agree that I am bound by all of the standard Contract terms required of a week prep at the $1,fee See Plan Pricing, below• I understand that any advice that *** *** or TNT gives during our business relationship that is contrary to a past coaches advice is in no way meant to defame, slander, or criticize any past coach/professional
Plan Pricing
(j) I will make one payment of $1,to *** *** paid in full at the time of agreement by check for a standard 16-week contest prep or a $2,payment paid in full by check for one year of coaching that may include a 16-week contest prep if I chooseThese payments are non-refundable
(k) I understand and agree that personal training falls outside the scope of a standard 16-week contest prep and/or one-year term of coaching, and the hourly rate for personal training is session-$80.00, sessions- $280.00, session- $
• I understand and agree that if I wish to receive personal training services from *** *** of TNT that I will write a check for the number of sessions I request or the entire year at the time of agreementThese payments are non-refundable
(l) I understand and agree that if my payment is returned for non-sufficient funds, or if TNT is unable to draw the necessary funds to compensate TNT for the services purchased under this Contract for any reason, I will reimburse TNT for all fees incurred. Such reimbursement is in addition to fees identified under this Contract that will remain due and owing to TNT for the services that I have purchased under this Contract
(m) I further attest that all of my responses to the Client Medical Questionnaire and to the provisions of this Contract are true and accurate
(n) My typed signature below affirms my agreement to all of the terms and conditions of this Contract
______________________________
Signature of Prospective Client
Date: _____________________________________
***
Based upon the responses to the questions above, and those provided by ___________________[TYPE PERSON’S NAME] on the Client Health Questionnaire, I accept the terms of this contract for services that TNT will provide to
Signature of authorized *** Nutrition Training, LLC representative
Date: _____________________________________
Thank you for your letter and the opportunity to respond to the concerns expressed by the complainantAs I was contacted by the complainant to fulfill her desire for coaching and show prep/photo shoots in February 2016, I advised her of the terms of my coaching services, both in writing and verbally which are set forth in the attached contract and questionaireShe signed the medical questionnaire and agreed to the terms I set forth in the contract sending them back to me via email She paid me the amount that I charge for a year of coaching/show prep/photo shoot servicesDuring these communications, I told to her that no refunds are allowed in no uncertain termsI do not give refunds for several reasons: • I provide a service, not a tangible product that can be returned and resold • I provide support and feedback that comes from my concern for others as human beings • I analyze an athlete’s progress and provide advice to achieve specific results • Most of my work is up front, analyzing body makeup, metabolism, health, and then custom design meal plans, workouts, and posing routines for my clients to be used to accomplish their various goals(Yes, the meal plans are absolutely customized to each person and their specific goalsThough the quantities and timing might vary, sometimes the food type recommendations can be similar to others’ plans.) • Once I turn that work product (representing hours of analysis) over to my clients, there are no refunds • If I gave refunds for people who want to quit after they receive what they sign up for, I wouldn’t be in business longIn this instance, the complainant accepted my services for Bikini competition coaching, received my customized meal and exercise plans, used them for several months, and achieved the results in order to prepare for a show competitionAt no time before the end of June did she ever indicate she was unsatisfied with my coaching services and if she had, I would have worked to address her concernsAs for her being hungry, she was dieting, i.eits to feel that way when one is dietingI have several media posts of her enjoying the journey with and eating several “up” days (“up” days are high calorie/high carbohydrate days, meaning she was eating a lot even during a dieting phase) during June Her decision to quit came as quite a shock as she was just about 100% after her surgeryShe was completely happy from February to June 18thOn June 22nd she text & emailed me, and I called her back several timesI then called & texted several more times stating I need to talk to her and discuss more information about the plan, but was afforded no opportunity to address her concerns directlyWith her just having surgery I wanted to address if she was released or had restrictionsIt is rather self-serving on her part to now claim she was unhappy all that time and did not receive the coaching that she was expectingFor months, she accepted the services, yet remained silent about the concerns she claims she now hasI provided the coaching that I provide to many other people in the fitness industry and who receive it without complaintThis matter is being handled with the courts in StCroix county and so I am not sure what filing a complaint with the Revdex.com was supposed to accomplish, given this other simultaneous developmentIn any event, I wish Sonwell and hope that I have addressed the concerns expressed in her complaintSincerely, *** ***
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.[To assist us in bringing this matter to a close, we would like to know your view on the matter.]
Regards,
[redacted]
It should be known I sought out the Revdex.com, because as an organization, its job is to assist in mediation to resolve complaints. This action was taken before filing this with the St. Croix County, in hopes of being able to come to a resolution before bringing it to the attention of the court. It should be noted since I have taken this to the St. Croix County Courts, Tim was asked for a single response by the commissioner, rather than daily responses as he so claims.
The process I follow for both the Revdex.com and the court is applicable under law and in no way represents harassment. It is my right to seek outside mediation when two parties disagree on terms involving monies. I am willing to come to an appropriate settlement to cease the escalation, however, it is clear in Tim's response that he is not willing and unbending in this regard. What Mr. [redacted] is labeling as harassment, the court and the Revdex.com identify as due process, therefore his clams are based on opinion outside the norm and frankly fictitious.
Mr. [redacted] failed to meet any satisfaction requirements in his agreement with myself. When I attempted to address that with him, he was unwilling to offer any solution to both parties agreement while I was open. His communication was not acceptable during the course of the short time I was with [redacted] Nutrition Training. Due to his lack of professionalism, I question his credentials and do not believe he now has the necessary credentials to identify himself as he does in his business. As he was misleading at the time of the agreement being in place, I believe this agreement was based on manipulated information and as such are due to a full refund now, not partial.
I do not agree with his position and in fact, see it frankly as complaining, instead of addressing the root of the concerns of this matter.
Thank you for your letter and the opportunity to respond to the concerns expressed by the complainant. As I was contacted by the complainant to fulfill her desire for coaching and show prep in September, 2015, I advised her of the terms of my coaching services, both in writing and verbally. She...
signed a medical questionnaire and agreed to the terms I set forth in the contract. She paid me the amount that I charge for a year of coaching/show prep services. During these communications, I told to her that no refunds are allowed in no uncertain terms. I do not give refunds for several reasons: I provide a service, not a tangible product that can be returned and resold
I provide support and feedback that comes from my concern for others as human beings
I analyze an athlete’s progress and provide advice to achieve specific results
Most of my work is up front, analyzing body makeup, metabolism, health, and then custom design meal plans, workouts, and posing routines for my clients to be used to accomplish their various goals.
Once I turn that work product (representing hours of analysis) over to my clients, there are no refunds
If I gave refunds for people who want to quit after they receive what they sign up for, after I have lived up to my end of the agreement, as the complainant demands, I wouldn’t be in business long
In this instance, the complainant accepted my services for Bikini competition coaching, received my customized meal and exercise plans, used them for several months, and achieved the results in order to compete in a show. At no [redacted]e before mid-March did she ever indicate she was dissatisfied with my coaching services and if she had, we would have worked to address her concerns. I have several media posts of her enjoying the journey with members of my team as late as February 2016. Her decision to quit came as quite a shock as I had invested a lot of [redacted]e and energy into her development and she was so close to her show. It is rather self-serving on her part to now claim she was unhappy all that [redacted]e and did not receive the coaching that she was expecting.
For 6 months, she accepted the services, yet remained silent about the concerns she claims she now has, and just before the show, she quit and demanded a refund. A few weeks later, she competed in the show (at which I served as a judge) in the Bikini category and placed very well in the open category and also very well in the novice category, proving that my coaching and show prep advice to her was sound and accurate, e.g. worthy of payment. I provided the coaching that I provide to many other people in the fitness industry and who receive it without complaint. I have never had a client ask for a refund because I more than live up to my end of the bargain.
Sincerely,
[redacted]