Train 4 Life Center

Initial Business Response /* (1000, 5, 2015/06/17) */
Contact Name and Title: *** *** Owner
Contact Phone: XXX XXX XXXX
Contact Email: ***@gmail.com
In regards to *** *** complaint against Train Life Center(T4L), its instructors and management team find the claim to be
incorrect, misleading and slanderousT4L does not admit to any of the complaints against them in this caseWe will break down our defense by dissecting the "original complaint"
Sentence "I have respectfully askedto be let out of my contract"
-Clearly in the Membership Acceptance and Agreement form that Ms*** signed, dated and agreed to under "5.BUYERS RIGHT TO CANCEL OR TERMINATEall cancellation requests must be in writing and delivered to T4L in person, by fax or certified mail"
-This procedure was not followed by Ms***
Sentence "Provided Dr noteshes epileptic"
-***, Ms*** Granddaughter/member has been training with us for over a year, closer to 2, and her medical condition was never disclosed to us verbally or by documentation prior to this complaint
-In the Membership Acceptance and Agreement form the members have signed, dated and agreed to clearly states under "2.MEMBERS HEALTH WARRANTYThe member warrants and represents that the member or any family member or guest entitled to use the facilities at T4L under the terms of membership, HAS NO DISABILITY, IMPAIRMENT, OR AILMENT preventing him/her from engaging in active or passive *** or that will be detrimental or adverse to such person's health, safety, or physical condition if he/she does so engage or participate." The member has breached this contract by not disclosing that they have had a prior health condition by signing and agreeing to this contractDue to the negligence of the members grandmother, she had placed her in a dangerous position that may have affected her health permanently and/or severely
-The Dr's note does not state the member is epilepticIt does state, "do not participate in combative sports, sparring or wrestling"The class the member participates in is not a "combative sport", its a martial arts class where many things are in the curriculum other than sparringSparring is only 1/of what is in the curriculumThere is Martial Art Forms(Zero contact), Self Defense techniques(Light controlled contact, zero head strikes), cardio/physical conditioning(Zero contact) and sparring(Moderate Controlled Contact)
-The Drnote does not excuse the member from participating in 3/4's of the curriculum
Sentence "I was unaware of the sparring practices"
-The member was training with us for over a year, closer to yearsThe member and her grandmother came to classes regularly and participated in all the activities, including sparring, during classes for that time periodShe was very aware of the practices
-Instructors clearly state prior to sparring sessions:
All safety gear is required or you will not participateHead gear(member purchased specialized headgear with a hard plastic face guard similar to a hockey mask, unlike the rest of the students), Fist guards, Foot guards and mouth guards are all requiredAthletic supporters for males
Rules are explainedAll strikes(punches/kicks) must be above the belt and to the front of the body including the head
Safety is emphasizedWe explain we are sparring in attempts to help each other, not hurt each other
The instructor plays role of Referee to ensure points are scored correctly, control and proper technique is used
Sentence "I was shocked and dismayed by lack of supervision"
-There is always instructors present during every class
-The instructor is always there to referee every sparring match
-Students never and are not allowed to spar with out instructor supervision
Sentence "She was paired with a larger more experienced boy"
-It is common practice to partner a lower level student with a higher level student for specific reasonsReasons being a higher level student understands their strength, they know how to use proper control and techniqueIts safer for a higher level student to spar with a lower level student because of these facts
Sentence "sparring session was hoursunsupervised"
-Sparring matches are timed
-Sparring matches last between 1-minutes
-There are no classes on the T4L schedule that are hours longThe longest class is hours long and never is it a sparring only class
-There are instructors per class
Sentence "She was struck in the ribs and head"
-Sparring is a controlled environment, with students, instructors and parents present
-Instructors always explain that everybody will get hit, it can hurt but that's why we use safety gear
-This is how instructors teach the use of proper sparring techniques, how to take a hit and continue on, how to persevere in the face of adversity, to get back up when you fall and how to be resilientIt is okay to cry but we continue on, we do not quit
-If it ever gets out of hand an instructor will always step in, address the problem, correct it and then carry on
-Instructors will push a student to continue should they begin to cry but the student is never forced to continue
Sentence "I wanted to put $50/month they are still charging me"
-T4L is following the contract agreement that was signed, dated and agreed to by the member
Sentence "Their main concern is getting as many kids in the class"
-T4L is not concerned with how many students show up to any particular classOur #concern is the safety, protection and quality of training we are providing to each student present in each class
-Students are brought to each class by parents/guardians, T4L does not pick up, drop off or force any students to attend classes
Sentence "There's too many students without supervision"
-There are instructors in every class
-There are average of students in each class
Sentence "She no longer wishes to participate"
-Not a valid reason to terminate their membership
Sentence "Extremely neglectfulfailed in their obligation to ensure safetyenough of a breach of contract"
-The #concern of T4L and its instructors is the safety of its students, inside and outside of the facilityThis is why we teach martial arts, self defense and how to protect themselves from attackers via sparring
-The only person that has breached this contract has been the member by not disclosing a prior health condition of her granddaughter and allowing her to participate in sparring for almost years without letting us knowThe negligence of the member has put her granddaughter in a situation where she could have been hurt and/or worsened her health condition
We at T4l do pride ourselves on the safety, protection and quality of instruction we provide to all of our students and we have successfully done so for the last going on years here in our communityThis is the first complaint we have ever received to this magnitude and we invite you to find us on facebook and see our rating of a out of stars and the member reviews of praise and gratitudeWe do our very best to make sure each student gets the same amount of quality and time per training sessionMartial arts at times is a contact activityEach student will be hit, will experience pain and will be pushed to persevereThis is what we teach, how to persevere, to get back up if you are knocked down, that life is full of struggle and we must remain steadfast to be successful, how to protect ourselves in a life threatening situation should we ever need toWe teach discipline, respect and build confidence, sometimes its through rigorous exercise and trainingIts not for everybody but those who do come out the other side always come out with a greater understanding and quality of life
We at T4L do want to work with the member in this situationNow that we do know that the member has an epileptic health condition that can harm her if she participates in sparringWe would love for her to come back to training and participate in the activities that are not excused by her Doctor
If for some reason they do not want to participate in any of the activities of which they agreed and accepted then there will be certain criteria and conditions that the member will have to do in order for us to terminate her contractPer Membership contract the only way to terminate a contract is if the member moves more than miles away and/or due to an injury and proper Dr documentation states the member can no longer participate in any of the activities we are offeringHowever, that being said, now that we are aware of her condition and we want to be compassionate ** her situationWe do not want her to be hurt or worsen her condition by participating in our activitiesIf the member would like to hear out our Conditions to be removed from their agreed contract please have them contact us
Thanks for your time and understandApologies for the lengthy reply but we do take this very seriously as our reputation is in the balance
***Document Attached***
Attached is Ms*** Signed Contract & Medical Letter
Initial Consumer Rebuttal /* (3000, 10, 2015/07/06) */
(The consumer indicated he/she DID NOT accept the response from the business.)
Revdex.com and T4L: Throughout T4L's response, they identified my granddaughter by name, ***Pursuant to HIPPA and personal info listed in my granddaughter's (referred to as "GD" hereinafter) attachments "Doctor's Note" and the signed "T4Life Contract" NEED to be redacted OR ensured these attachments are not accessed by the publicGD is a minor
T4L's 6/17/and its 6/22/responses to my complaint DOES NOT resolve any issue (listed below) or cure the injury they caused me
MIDDLE GROUND RESOLUTION: 1) Refund of $per month fee I paid T4L beginning February 1, through July 1, 2015; 2) Release of Contract dated 11/20/2014; and 3) I will not apologize to T4L for exercising my right as a California Consumer utilizing any and all tools made available to meThe toolbox I speak of also includes the Consumer Department of the California Attorney General's Office and Channel 7's Finney On Your SideFurther, Slander is defined as speaking of and malicious words' concerning another, whereby injury results to his reputationI have done NO SUCH thingI speak the Truth in the actions, albeit Inactions, of T4L's instruction and supervision of GD, a minor and "current" member
Signed ContractAlthough requested far in advance prior to filing the Revdex.com complaint, I have NEVER been provided a copy of the signed "T4Life Contract" and T4Life Enrollment Forms which included listing GD's disability and the refusal having GD's picture/likeness taken or shown (which I did mark)On 6/22/via the Revdex.com website, T4L attached said contract which I was able to FINALLY print 7/1/
DisabilityI have never tried to keep secret GD's medical condition, epilepsyYes, I notated the condition in T4L's enrollment forms, copies of which I have never been providedFact: upon GD's promotion 12/6/2014, I asked *** *** permission to buy GD special headgear with a face mask because she was epileptic*** said, "no problem." That is why she wore a motorcycle-looking helmet with a face mask when attending classThe other children would ask her, "why are you wearing that?"
T4L insults my integrity and intelligence that I have neglected GD's welfare and safety! The child no longer feels safe or protected in the T4L environment, and her experience there has seriously shaken her self-confidenceGD no longer has the heart and desire or inclination to return to T4L facility or class instruction, whether or not the instruction is modified in any mannerI will not force her
Demo-Team Night 1/30/Both Professor and *** showed up lateThey cut a lot of warm up time and went almost straight to sparringProfessor spent most of his time with *** and *** was left to monitor rings of sparring at onceGD was paired with a big boy, ***Another student, *** (who wears glasses) was sparring with Carlees (sp?)*** asked Professor about headgear and I heard him tell *** he did not like the kind of headgear GD wears during Kaju practiceThis is the incident night whereby GD suffered headshots and repeated blows to her ribsGD is a tough kid, enduring grand mal seizures will do that to any one over timeSince I last brought GD to class, months ago now, no one from T4L has called to ask why GD has not come to class or how is she doingBut T4L does not miss the monthly fee payment! Reread my initial complaint
Correction of T4L TimelineOn 6/2/2014, GD signed Suisun City's Release to train with Wahiawa Kajukenbo ("**"); by 11/20/2014, ** now separate from Suisun City and dba "Training4Life" and processed said contract 12/10/for 1st paymentClearly, GD did NOT train "close to two years" with T4L instructors
T4L's Own Contract Terms To Cancel Or Terminate:
"Members have the right to cancel this contract within three (3) business days after receipt of a copy of this contract or grand opening, whichever comes last." GD did not receive a copy of this contract until July 1,
"Cancellation must be in writing and delivered to Train Life Fitness Center either in person, by fax or by certified registered mail." My 3:pm 5/26/email was received and acknowledged by *** *** at 4:p.m., an email communication exchange ensued whereby I was asked by *** when I would come in and I responded at 5:p.m5/26/I would be at T4L in minutesI appeared in person this same date to deliver GD's Doctor Note to T4L staffCopy of 5/26/Email will be provided on request
In closing, GD has not breached the contract by action or words, and fees have been paid current to dateGD and I request immediate resolve of this contract dispute as notated above
Final Business Response /* (4000, 12, 2015/07/22) */
T4L has responded to the initial request, offered *** *** and *** *** known as **(Current Member) from this point on, an opportunity to terminate her contract, even though T4L has all documentation to back their stance in not being able to terminate the contractA personal email was sent to ** stating,
"We are able to look above that, be compassionate ** ***'s condition and do whats best in her interests and remove you from your "Accepted and Agreed Membership Contract" under certain conditions
Conditions as followed:
1) You contact the Revdex.com, retract your statements of slander and negligence
2) You apologize in written letter to T4L Center, its staff and instructors for slandering their names via any public forum and Internet
3) You provide *** G*** documentation of ***'s health conditions and Dr's Note, then show proof to us that he is aware of all of her Medical Conditions for ***'s ultimate safety
If these conditions are met before June 30, your membership will be canceledHowever, if the above requests are not met, we at T4L will be continuing your membership and expecting *** to return to training."
** has refused to meet these conditions, therefore, T4L will not be terminating her contract and now will be holding ** accountable to meet all of the contract obligations
In response to the allegations, hearsay, slander, and accusations against T4L without documentation of any factual points, T4L will again break down ** 2nd response below
*paragraph "HIPPA..."
-HIPPA is a law/act in regards to a Healthcare provider and Healthcare Insurance providersT4L is a martial arts/fitness training center, not a healthcare facilityThe info provided was released from ** to T4L and now used as documentation to prove T4L's stance in this case
*middle ground issue
-Again, T4L offered a resolution based on compromise and offered a reasonable accomodation based on ** medical issue, however ** refused the offer to resolve
*refund request 2/1/15-7/1/
-As indicated in T4L response date 6/17/15, T4L is following contract agreement signed by ** on 11/for a year membership contract starting 1/1/
*release of contract
-T4L is following contract agreement signed and dated 11/20/by ** for a year membership contract starting 1/1/
*Request apology for slander of T4L
-these statements made by ** are accusations and slander which are untrue, and malicious words and can result in injury to T4L, staff and instructors reputationT4L does in fact pride itself on the safety, protection and quality of instruction it provides to all students and members
*did not receive copy of contract
-signed contract dated 11/20/by ** under #states, "I certify that I have received a copy of the rules and bylaws and have read and understand them"T4L documentation also has no notation of statements of ** medical conditionMedical condition was not brought to T4L, instructors and staffs attention until 5/26/with Dr's note, and Dr's note does not say ** has a condition, it states ** cannot participate in wrestling/sparring, prior to stated date T4L, instructors and staff had no knowledge of ** disability
*correction to ** fact statement
-** spoke to instructor asking if they can go to an outside vendor and purchase their own sparring gear, instructor replied with, "yes"** did not state that they wanted to purchase their own specialized gear because ** has seizuresIf that was the case, Instructor would not have allowed ** to spar but apparently ** thought it was a good idea to continue with sparring unbeknownst to the instructs, T4L and its staff
*demo team 1/30/training
-as stated in T4L response dated 6/17/15, "sentence paired with more advanced larger boy.." again, this is common practice in all martial arts schools because the more advanced students have better knowledge and control of their movements and strikesIt was a safer option to go with a student that is at the same level and has no control over how hard they are striking
-the conversations stated on ** response dated 7/6/are all based on hearsay and irrelevant
*no phone calls to ** by T4L
-T4L is not bound by any contract to contact any of its members for any reasonT4L is upholding members signed contractual agreementsAgain, the statement by ** is irrelevant to the case
*Correction on timeline
-Correct: the ** did train with ** at the suisun community center starting 6/4/through 12/31/In the release liability waivers signed by ** on 6/4/states, "I represent that I am of good physical condition"Also states, "I represent and warrant that I am the parent/or legal guardian of such child and that the child is in good health and there are no special problems associated with care of the child"These documents were signed and dated by ** on 6/4/
*T4L own contract to cancel or terminate
-as stated above, contract copy was provided to **T4L has attached said contract to previous complaint responsePlease check again under #9, stating "I certify that I have received a copy of the rules and bylaws, have read and understand them"This was signed and dated by ** on 11/20/
*Cancellation must be in writing
-Membership contract states, cancellation must be in writing and delivered in person, by fax, or certified mailAll cacellation requests must be dated days from fax or postmarknone of which ** has done
Again, T4L apologizes for the lengthy responseAll statements above are factual and proper documentation can be provided to back T4L statements to Revdex.com and the **T4L did contact ** personally via email to resolve this matter outside of the Revdex.com to help them out and be compassionate ** their circumstancesHowever, ** refused to meet any of the requests and proceeded to make allegations, untrue statements, slander and present their case with hearsay and irrelevant informationThe FACT of the matter is, the ** has signed, dated and agreed to a year membership and agreed to all of the rules/bylaws to that contract with T4L starting 1/1/Therefore, T4L will be upholding the ** to that signed contract
Final Consumer Response /* (3000, 16, 2015/08/21) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I have read T4L's response dated July It is apparent from their response, this business views our Contract-Release Dispute from only one angle theirsT4L makes NO good-faith effort to resolve this disputeThey have only repeated themselvesT4L's actions speaks louder than their words, "we want to be compassionate ** her situation", are truly just empty wordsUnderstand, this dispute is ALL about my grand-daughter
To be clear:
1) T4L's allegation that I have slandered and defamed their business and instructors is and has no meritI have nothing to gain if I lied or exaggeratedMy integrity is intactI merely recounted true incidences and laid out these events simplyThere are no lack of witnesses to any of my claims against T4L which events greatly upset my grand-daughter emotionally and then eventually caused me to hold back my grand-daughter's further participation with T4L Center and instructorsDuly note that although my grand-daughter did not participate since February 2015, the monthly membership dues have been timely paid every month to presentShe is a paid, current member in good standing
2) My grand-daughter HAS NOT trained with T4L anywhere near to yrsMy grand-daughter SIMPLY has no desire of heart to attend T4L classes for the reasons stated in my initial Revdex.com complaint
3) Even if my grand-daughter was NOT epileptic, she endured physical pain and emotional distress during and after T4L's classes that I specifically mention in my initial Revdex.com complaint, events that I simply laid out for your understandingThe doctor's note is an acknowledgment of my grand-daughter's medical condition and a layer of medical documentation as written confirmation for T4L
4) REPEAT of portions of my 07/06/Reply to Business given T4L's July Response:
Signed ContractAlthough requested far in advance prior to filing the Revdex.com complaint, I have NEVER been provided a copy of the signed "T4Life Contract" and T4Life Enrollment Forms which included listing GD's disability and the refusal having GD's picture/likeness taken or shown (which I did mark)On 6/22/via the Revdex.com website, T4L attached said contract which I was able to FINALLY print 7/1/
**In simple terms, I was not in receipt of a signed contract UNTIL 7/1/2015.**
T4L's Own Contract Terms To Cancel Or Terminate:
"Members have the right to cancel this contract within three (3) business days after receipt of a copy of this contract or grand opening, whichever comes last." GD did not receive a copy of this contract until July 1,
**In simple terms, I was not in receipt of a signed contract UNTIL 7/1/2015.**
"Cancellation must be in writing and delivered to Train Life Fitness Center either in person, by fax or by certified registered mail." My 3:pm 5/26/email was received and acknowledged by *** *** at 4:p.m., an email communication exchange ensued whereby I was asked by *** when I would come in and I responded at 5:p.m5/26/I would be at T4L in minutesI appeared in person this same date to deliver GD's Doctor Note to T4L staffCopy of 5/26/Email will be provided on request
**SEE EXHIBITS - ATTACHED**
DisabilityI have never tried to keep secret GD's medical condition, epilepsyYes, I notated the condition in T4L's enrollment forms, copies of which I have never been providedFact: upon GD's promotion 12/6/2014, I asked *** *** permission to buy GD special headgear with a face mask because she was epileptic*** said, "no problem." That is why she wore a motorcycle-looking helmet with a face mask when attending classThe other children would ask her, "why are you wearing that?"
5) PROCEDURE TO REQUEST TERMINATION OF CONTRACTPlease see attached Exhibits 1-
TO BE CLEAR: T4L does not DICTATE to me (or any other contract member) ANY ADDITIONAL CONDITIONS FOR RELEASE OF CONTRACT ABOVE AND BEYOND the signed 11/20/CONTRACT upon which they would consider releaseWhat's that?
At T4L's website, there is no fax number listed or available only an email address, telephone number and business addressAt NO time have I breached T4L contract because I have timely-paid monthly duesSEE EXHIBITS - Exhibits showcase Email Communications (5/26/2015); Personal Delivery (5/26/2015); and Certified Mail (7/6/2015) all communications which relay the Request To Terminate Contract
AGAIN, T4L is wrong on so many levels to not cancel this contractI realize this is my last response to the Revdex.com Complaint I initiated for all the right reasonsI have given fair warning to T4L, I have been patient and reasonable, I have maintained my integrity through this process and T4L continues to insult me
THE ONLY LEGAL RESOLUTION TO THIS MATTER is:
1) Release my grand-daughter's contract with T4L dated 11/20/14; and
2) Refund of $per month fee I paid T4L beginning February 1, through August
***Document Attached***
Please find Exhibits through attachedThese Exhibits accompany my reply regarding T4L