Total Fitness

The member's payment was refunded on Jan 22, However, he was advised on December 12, to bring in a copy of his orders He did not bring them to us until January 9, Almost one month later Had be brought in the orders when he was advised to do so, this problem would have been avoided [redacted] Total Fitness

Nino is a fantastic trainer who keeps you motivated. You will get results if you put in the effort. As his motto states
" Decide-Commit-Succeed". My son and I have been training with him and he offers the best personalized training program around. Personal training is just that--PERSONAL-- everyone has different results at different stages .With that said, you have to Decide and Commit to Succeed. We would not train anywhere else. Nino is always positive, professional and challenges us at every session. Nino is Total Fitness.

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. 
Regards,

Prior to responding to Mr. [redacted]'s complaint, I will give you a brief synopsis of my background. InDec 2013, after 24 years of service, I retired as a Senior Sergeant from the New Castle County Police Department. I was hiredby Total Fitness in May of 2014 as a persona11rainer/ :tloor staff...

employee. I received training from [redacted], who was the assist.ant manager for Total Fitness at the time.  Mr. [redacted] left the business inSeptember 2014, and I was elevated to assistant manager. As of January 1st of this year, I was elevated to General Manager, and I am fully responsible for the day to dayoperations of the facility.I became familiar with Mr. [redacted] soon after my employment started. Sometime late last fall, I was approached by one of my staff members (Krystyna) who informed me Mr. [redacted] asked her to make hima protein shake. Mr. [redacted] insisted that he did not have to pay for the shake because Anthony (the aforementioned assistant manager) never charged himfor this product. The average protein shake cost $4-$51 and it is unclear how many protein shakes Mr. [redacted] was given for free. It has never been this company's policy to "give" away our products or services. It is further noted the previous assistant manager (Mr.[redacted]) did not have permission to do this. This issue was addressed with the entire Total Fitness staff at that time. The staff was informed that no one, including Mr.Leith.ead, were to be given any products or services for free.Inlate February of this year, I was contacted by one of my employees ([redacted]). [redacted] advised me that Mr.[redacted] approached himand asked for the keys to the tanning bed room. As per company policy, [redacted] asked Mr. [redacted] if he had a tanning membership to accompany his gym. membership (these are two separate services and are paid for independent of each other). Mr.[redacted] stated that he did not have a tanning membership, but he advised [redacted] ''Joe lets me tan for free_" This latest incident with Mr. [redacted] occmredjust a few days after a staff meeting whereIstressed the importance of confirming that everyone who asks to use our tanning bed's,has paid for the right to do so. Mr. [redacted] had not paid for this service, and I did not authorizehim. to use our tanning  bed's for free.On March 1st, 2015, our third party billing company (EBCS) was unable to draw Mr. [redacted]'s dues from the credit card we had on file for his account because the card had expired. On March 2mt, EBCS telephoned Mr. [redacted] and left hima voicemail indicating his account was deliquentOn March 4*at 11:59 am, Mr. [redacted] called EBCS and updated his credit card expiration.date. During this phone conversation, Mr. [redacted] was unprofessional, nasty, belligerent, and he blamed them for the billing error. He then identified himself as an employee of Total Fitness, and he threatened to have EBCS "fired" as our billing company. On March 4th at 12:04pm, EBCS telephoned us andrelayed the above information to me.  A few minutes later Mr. [redacted] called and I had a conversationwith him. Inthis conversation, Mr.[redacted] acknowledged that he told the EBCSrepresentative that he was an employee of our company. I asked Mr. [redacted] if he had ever been an employee, and he stated he used to stay after hours with Mr. [redacted]( previous manager) and help with maintenance issues in the facility. I asked Mr. [redacted] if that made him an employee or gave him a right to identify himself as such, and he replied "I guess not"During this same conversation I reminded Mr. [redacted] of the details inthe written membership agreement that he entered with our company. It very clearly states that he is responsible for ensuring his credit card information is current and he is also responsible for any additional fees that accumulate as a result of errors on his part. This billing issue was clearly Mr. [redacted] 's fault and he was advised not to return to our facility until bis account was in good standing. Mr. [redacted] called EBCS at 3:45pm on March 4th and made a $25 payment to cover his membership dues.In the evening of March 4th I had a detailed conversation about Mr. [redacted] with the owner of Total Fitness, [redacted]. We made the decision at that point to suspend Mr. [redacted]'s membership for one month due to his continued attempted manipulation of our staff, previous theft's of services, and his abusive behavior toward our billing company. I telephoned Mr. [redacted] inthe morning on March 5th and advised him of this decision. I advised him that he may return to the facility on April 1st as long as his  account was in good standing. Mr. [redacted] initially challenged my authority to do this.I outlined all the details above to Mr. [redacted] and advised him the decision was final.On Monday March 9th I received a phone call from Mr. [redacted]. At this point he was contrite, apologetic, and asked that I reconsider my position on his suspension. I advised Mr. [redacted] thatIwould need to confer with my boss, Mr. [redacted], before lessening his suspension time. On Friday March 13lh I received another phone call from Mr. [redacted] regarding his membership suspension. I advised him that had not spoken to Mr.  [redacted], but I would indeed allow him to return to the facility on Monday March 16th, a full two weeks early.On Monday March 16th I was present when Mr. [redacted] entered our facility for the first time. When he checked inat the front desk it was noted that bis account was still delinquent and I questioned him. about it. I expressed my displeasure that be bad not taken responsibility  for the problem  and rectified  it completely.   I allowed Mr. [redacted] to workout for the evening but infonned him that he needed to contact the billing company the following day and make full restitution.Early Tuesday morning, March 17th, I was contacted by another one of my employees ([redacted]).   [redacted] had a conversation with Mr. [redacted] on the previous night while he was working out.  [redacted] advised me that Mr. [redacted] blamed me for the problems that occurred. Mr. [redacted] said that I had to reduce his suspension time because he proved that I was wrong and I did not have the authority to suspend him. A short time later I was contacted by EBCS again regarding Mr. [redacted]'s account They advised me that Mt.[redacted] called them and was once again tryingto get the return fee on his accountwaived so he did not have to pay it. Mr. [redacted] advised the EBCS representative that Iinstructed him to call and he implied that I wanted the past due fee waived. This is untrue and contrary to the very specific conversation I had with Mr. [redacted] in person and on the phone. It's unclear if Mr. [redacted] actually received free shakes,and free tanning inthe past, but what is clear that he has tried to manipulate several members of my current staff into giving him services that he is not entitled to. This is unethical, and borderline illegal.I weighed all matters inthis case .and decided it was in the best interest of our company and our employees to tennjoate Mr. [redacted]"s membership completely.  telephoned Mr. [redacted] and advised himthat effectively immediately he was banned from our place of business and he was no longer to enter onto our property for any reason. Although Mr. [redacted] did not agree withmy decision, he ackowleded that he would not enter our business again.On Friday March 20th, Mr. [redacted] telephoned our facility and spoke with our owner, Mr.[redacted]. Mr. [redacted] apologized to Mr. [redacted] and asked for himto reverse my decision. Mr. Aciemo has zero interest inhaving Mr. [redacted] as a member of our facility, and is contemplating charges against Mr. [redacted] for theft, theft of services, and attempted theft of services. We consider this matter closed and will not entertain any further discussions regarding Mr. [redacted] and bis account

Review: My membership of 5 years with no negative history has been terminated due to a conflict between the manager and myself due to a billing mistake made by the gyms third party billing company on March 2nd 2015 which resulted in a suspension from the gym until April first which was then reduced to a return date of March 16. This issue was considered resolved and returned to the gym March 16th. I received notice March 17th that my membership has been terminated due to issue that the manager felt I questioned his integrity and athourity through hearsay, so he banned me from the gym with out proper cause. He took a personal unrelated issue and turned it into a gym issue. Terminated my contract after I payed for the month and refused a refund. The terms and conditions of the contract are convoluted at best and continuously change without admendments.Desired Settlement: Since there is no term or condition I violated per the contract and the cause of termination is unfounded I believe the termination should be reversed and my membership should be reinstated. I understand people's pride and power strugles come to play but no rule was broken and no warning was given stating otherwise. If the gym owner would like to discuss this I would be more than happy to. But the Gym manager has a personal issue with me due to hearsay gossip which has zero validity.

Business

Response:

Prior to responding to Mr. [redacted]'s complaint, I will give you a brief synopsis of my background. InDec 2013, after 24 years of service, I retired as a Senior Sergeant from the New Castle County Police Department. I was hiredby Total Fitness in May of 2014 as a persona11rainer/ :tloor staff employee. I received training from [redacted], who was the assist.ant manager for Total Fitness at the time. Mr. [redacted] left the business inSeptember 2014, and I was elevated to assistant manager. As of January 1st of this year, I was elevated to General Manager, and I am fully responsible for the day to dayoperations of the facility.I became familiar with Mr. [redacted] soon after my employment started. Sometime late last fall, I was approached by one of my staff members (Krystyna) who informed me Mr. [redacted] asked her to make hima protein shake. Mr. [redacted] insisted that he did not have to pay for the shake because Anthony (the aforementioned assistant manager) never charged himfor this product. The average protein shake cost $4-$51 and it is unclear how many protein shakes Mr. [redacted] was given for free. It has never been this company's policy to "give" away our products or services. It is further noted the previous assistant manager (Mr.[redacted]) did not have permission to do this. This issue was addressed with the entire Total Fitness staff at that time. The staff was informed that no one, including Mr.Leith.ead, were to be given any products or services for free.Inlate February of this year, I was contacted by one of my employees ([redacted]). [redacted] advised me that Mr.[redacted] approached himand asked for the keys to the tanning bed room. As per company policy, [redacted] asked Mr. [redacted] if he had a tanning membership to accompany his gym. membership (these are two separate services and are paid for independent of each other). Mr.[redacted] stated that he did not have a tanning membership, but he advised [redacted] ''Joe lets me tan for free_" This latest incident with Mr. [redacted] occmredjust a few days after a staff meeting whereIstressed the importance of confirming that everyone who asks to use our tanning bed's,has paid for the right to do so. Mr. [redacted] had not paid for this service, and I did not authorizehim. to use our tanning bed's for free.On March 1st, 2015, our third party billing company (EBCS) was unable to draw Mr. [redacted]'s dues from the credit card we had on file for his account because the card had expired. On March 2mt, EBCS telephoned Mr. [redacted] and left hima voicemail indicating his account was deliquentOn March 4*at 11:59 am, Mr. [redacted] called EBCS and updated his credit card expiration.date. During this phone conversation, Mr. [redacted] was unprofessional, nasty, belligerent, and he blamed them for the billing error. He then identified himself as an employee of Total Fitness, and he threatened to have EBCS "fired" as our billing company. On March 4th at 12:04pm, EBCS telephoned us andrelayed the above information to me. A few minutes later Mr. [redacted] called and I had a conversationwith him. Inthis conversation, Mr.[redacted] acknowledged that he told the EBCSrepresentative that he was an employee of our company. I asked Mr. [redacted] if he had ever been an employee, and he stated he used to stay after hours with Mr. [redacted]( previous manager) and help with maintenance issues in the facility. I asked Mr. [redacted] if that made him an employee or gave him a right to identify himself as such, and he replied "I guess not"During this same conversation I reminded Mr. [redacted] of the details inthe written membership agreement that he entered with our company. It very clearly states that he is responsible for ensuring his credit card information is current and he is also responsible for any additional fees that accumulate as a result of errors on his part. This billing issue was clearly Mr. [redacted] 's fault and he was advised not to return to our facility until bis account was in good standing. Mr. [redacted] called EBCS at 3:45pm on March 4th and made a $25 payment to cover his membership dues.In the evening of March 4th I had a detailed conversation about Mr. [redacted] with the owner of Total Fitness, [redacted]. We made the decision at that point to suspend Mr. [redacted]'s membership for one month due to his continued attempted manipulation of our staff, previous theft's of services, and his abusive behavior toward our billing company. I telephoned Mr. [redacted] inthe morning on March 5th and advised him of this decision. I advised him that he may return to the facility on April 1st as long as his account was in good standing. Mr. [redacted] initially challenged my authority to do this.I outlined all the details above to Mr. [redacted] and advised him the decision was final.On Monday March 9th I received a phone call from Mr. [redacted]. At this point he was contrite, apologetic, and asked that I reconsider my position on his suspension. I advised Mr. [redacted] thatIwould need to confer with my boss, Mr. [redacted], before lessening his suspension time. On Friday March 13lh I received another phone call from Mr. [redacted] regarding his membership suspension. I advised him that had not spoken to Mr. [redacted], but I would indeed allow him to return to the facility on Monday March 16th, a full two weeks early.On Monday March 16th I was present when Mr. [redacted] entered our facility for the first time. When he checked inat the front desk it was noted that bis account was still delinquent and I questioned him. about it. I expressed my displeasure that be bad not taken responsibility for the problem and rectified it completely. I allowed Mr. [redacted] to workout for the evening but infonned him that he needed to contact the billing company the following day and make full restitution.Early Tuesday morning, March 17th, I was contacted by another one of my employees ([redacted]). [redacted] had a conversation with Mr. [redacted] on the previous night while he was working out. [redacted] advised me that Mr. [redacted] blamed me for the problems that occurred. Mr. [redacted] said that I had to reduce his suspension time because he proved that I was wrong and I did not have the authority to suspend him. A short time later I was contacted by EBCS again regarding Mr. [redacted]'s account They advised me that Mt.[redacted] called them and was once again tryingto get the return fee on his accountwaived so he did not have to pay it. Mr. [redacted] advised the EBCS representative that Iinstructed him to call and he implied that I wanted the past due fee waived. This is untrue and contrary to the very specific conversation I had with Mr. [redacted] in person and on the phone. It's unclear if Mr. [redacted] actually received free shakes,and free tanning inthe past, but what is clear that he has tried to manipulate several members of my current staff into giving him services that he is not entitled to. This is unethical, and borderline illegal.I weighed all matters inthis case .and decided it was in the best interest of our company and our employees to tennjoate Mr. [redacted]"s membership completely. telephoned Mr. [redacted] and advised himthat effectively immediately he was banned from our place of business and he was no longer to enter onto our property for any reason. Although Mr. [redacted] did not agree withmy decision, he ackowleded that he would not enter our business again.On Friday March 20th, Mr. [redacted] telephoned our facility and spoke with our owner, Mr.[redacted]. Mr. [redacted] apologized to Mr. [redacted] and asked for himto reverse my decision. Mr. Aciemo has zero interest inhaving Mr. [redacted] as a member of our facility, and is contemplating charges against Mr. [redacted] for theft, theft of services, and attempted theft of services. We consider this matter closed and will not entertain any further discussions regarding Mr. [redacted] and bis account

Review: A> Company has NEVER SENT ME A BILL-but has sent to collections and is charging me late fees

B>Company is charging me $50 dollar cancellation fee, with no explanation.

Regarding court precedent listed below, this is nothing more than an unjust enrichment and should be removed.

Court precedent: Liquidated damage provisions should be carefully drafted, not only to prevent a finding of an unenforceable penalty, but also to avoid an unjust enrichment claim seeking repayment of the fee. A contract that simply characterizes an early termination fee as liquidated damages may not be enough to prevent a court from construing the fee as an unenforceable penalty, even if the contract states that the fee should not be considered a penalty. Provisions establishing early termination fees should provide details regarding how the fee was calculated, and explain how this calculation provides a reasonable estimate of the non-terminating party's loss. In other words, a little bit of detail can ensure that the contract is enforced as desired.Desired Settlement: 50 Dollar cancellation enrichment removed, if they plan to retain this policy in the future to rewrite contracts going forward to be in adherence with legal precedent.