Titans Gym, Inc.

This matter has been resolved as *** has provided a valid proof of move, has paid off all his past balances and has paid the early termination fee

On January of Mr *** entered into an agreement with Titans Gym for a six (6) month paid in full membership that auto renewed to an open ended agreement on 7/1/if we did not receive a cancellation notice within days of this date Proper cancellation procedures are laid out
in full on all contracts and it clearly states that the member either needs to stop into the facility to fill out a cancellation form or to mail us their desire to cancel, preferably by certified mail to assure receipt To date, we have not received any such requests from Mr***, nor has any of our managers recalled any messages left pertaining to his account I am not certain when he attempts to call, but our business hours are from 5:00am-10:0pm Mon-Fri and 10:00a-6:00p on the weekends and though we maybe busy, our phone system does have a fully functioning VM set up.Mr *** was charged 7/and 8/for $each, had billing issues in September, and was drafted again on 10/15, 11/15, 12/15, and 1/for $34.95+tax and an annual upgrade fee on 11/for $(agreed to in his contract).After receiving this complaint, I have terminated Mr***'s contract as he obviously does not want it I am, however, unclear on what he wants refunded? We have no evidence that cancellation was ever requested, and if charges were disputed through his credit card company and and refunded as claimed, what more money is he looking for? If Mr *** can provide copy of any forms and proof that he submitted to his home facility, we will gladly refund any monies that have not been already credited to him

*** *** Feb (to *** Mr***:Again, there was cancellation notice filedon November 29, on your account This was BEFORE the noted "issues" had happened from your complaint Furthermore, you cancelled two days before your next billing cycle and it is not unlike members to not use the facility after filing their cancellation notice We provided all services as noted in our previous response Also, the statement made that the matter was unresolved until we received the Revdex.com complaint is questionable There was a letter sent by you in the middle of January demanding reimbursement for November and December dues, dues that were justly charged so the letter had little merit to us There was also no phone contact information to contact you directly Again, if attempts were made by you to contact the facility via email, phone, or directly in person there are no records or recollection of such Titans maintains the stance that we honored all aspects of our agreement and it is the members duty to use the facility during their final month if they so desireThis matter and account is closed on our end Thank you again

*** Upon reviewing your agreement with Titans Gym, I noted that one of our senior most employees filled out your paperwork This individual has worked at Titans Gym for almost years and he is very aware of what types of contracts we sell and would have informed you that we do not
sell open ended contracts Our contracts are very straight forward and anything that even might seem confusing we go over with the member and have them initial right next to it All of our staff members are diligently trained to go over contracts with each new member so there is no confusion and a blank agreement is posted on the desk immediately besides the signature pad that is signed to a fix the initials and signatures of members Members are also given copies of their agreements after the transaction is complete Ultimately, the agreement is what we stick by and it clearly states that you are committing to a month agreement and the cancellation policies clearly explain what is needed to move or to terminate after the month agreement is complete The last line of our agreement clearly reads "I have read and understand all of the above" after which, the customer as asked to sign We would be happy to provide you with another copy of your agreement.At this time, it is our obligation to honor what is in our agreement and we will not be taking any steps to cancel or refund the desired money

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.
Documentation presents that issues
were first presented to, and acknowledged by, the Club prior to the Club’s cancellation
claim date of November 29, 2014.
The Club deducted funds from the Member’s account,
as described in the agreement, in exchange for services, as described in the
agreement. The Club was unable to provide services. Correspondence from the Club
dated 11/28 presents that the Club acknowledged that the Club was unable to
provide services. Further documentation proves that on 12/31/14 services were
still unavailable to the Member.
Use of the facility after cancelation
is considered an unrelated point. The agreement between the member and Club remained
in effect until December 31, 2014.
Due to the questionable practices and reputation
of the Club, Member requested that all correspondence be kept in writing and
not via telephone. No attempt was made by the Club to reconcile concerns
addressed in the Member’s letter.
This matter is not considered closed from
our end.
Regards,
[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.
This response is unacceptable and insulting. December attendance dropped to near zero because I was forced to stop using the service, as the service was unavailable as guaranteed - which is typical at your gym. Further, an attempt to contact the gym regarding this issue received a delayed and insulting response. Furthermore, my subsequent attempts to rectify the breach in agreement were also ignored until the gym was contact by the Revdex.com. The gym's inability to provide the services guaranteed during the month of November and December is documents as true by the complainer and is further supported by the gym's own response to the Revdex.com's complaint.  I do accept the gym's statement that a 30-day notice to cancel all billed membership is required. As such, I provided a 30-day cancellation. I ask that you kindly review the submitted complaint. December dues should be refunded, not because I oppose to the terms of the membership agreement that require a 30-day notice to cancel, but because the terms of the agreement were breached as the gym was unable to provide the services guaranteed.With all the above being said, I ask that you honor all aspects of your membership agreement, admit that you were unable to provide the services as described in the agreement for the months of November and December, and refund the dues. 
Regards,
[redacted]

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me. I would like the Revdex.com to know, however, about the Merchant ID changes that Titan's Gym makes to obviate the blocks imposed by [redacted] Bank. Ever since the first errant charge to my credit card, I've asked [redacted] Bank to block further charges from Titan's Gym. The bank has done so. The following month, another charge would be posted to my account, and when I would contact [redacted] again, they would inform me that Titan's had changed their merchant ID; I speculate that this was done to continue charging those that had attempted (as I had) to cancel service with the gym. This happened several months in a row. I suspect that Titan's Gym is still charging others who cannot get in contact with gym representatives, as I was unable to do. Do with that information what you will. 
Regards,
[redacted]

[redacted] <[redacted]@gmail.com>12:02 PM to [redacted] Hello [redacted].  Today I am responding to complaint # [redacted]. Mr. [redacted]:I have taken some time to explore your complaint and have noted that in 2014 you had used the Cleveland Titans Gym facility 186 times and with...

between 10-15 check-ins during the non-staffed hours in which the doors are locked.  During the months in question, November and December of 2014, you attended the facility twenty times (11/1, 11/2, 11/2, 11/3, 11/6, 11/7, 11/8, 11/11, 11/12, 11/13, 11/14, 11/18, 11/21, 11/25, 11/29, 12/1, 12/2, 12/3, 12/4, 12/27) of which the first 11/2 check in was at 3:07am.  You averaged 16.5 visits per month in 2014, which includes one to two after hour check-ins.   The month of November you attended the facility fifteen times, well near your average usage.  The month of December you obviously started off well, but during the second and third weeks attendance dropped to zero, which we often find as typical in our downtown club.  May it also be noted that you filed a cancellation notice on 11/29/14 with the reason of "does not use gym anymore".  Being a 24-hour gym we are well aware that from time to time certain acts of God, the Illuminating Company, or glitches in software may knock our exterior card readers off line or more often times the member has a billing issue. This is the why we have posted signs immediately next to them requesting any and all members to contact the facility during staffed hours to resolve any issues so they can be resolved in a timely matter.  We have no record of any complaints made by you to our managers via email or phone during the month of November.  If a more detailed explanation was provided with whom you spoke with about your "key card not working" I could look into the matter more.  As stated above, you filed a 30-day cancellation with front desk employee, [redacted] on 11/29/2014 which indicates your last date of billing would be 12/1/14. As stated in our membership agreements, Titans does require a 30-day notice to cancel all billed memberships.  With all the above being said, Titans Gym has honored all aspects of our membership agreement.  We will not refund for the month of November as you used the facility fifteen times which falls inline with your average usage. We will also not refund December as terms of both the contract and 30-day cancellation were provided.  We thank you for you previous dedication to our facility and hope that you continue on your healthy lifestyle.

[A default letter is provided here which indicates your acceptance of the business's response.  If you wish, you may update it before sending it.]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me.   see attached
Regards,
[redacted]