World Gym Greece

On 06/12/2016 Mr. [redacted] entered into a contractual agreement with us for a gym membership. The agreement carried a minimum 12-month commitment and then continued as a month-month membership. That agreement is attached. In February 2017 Mr. [redacted] credit card expired, so his dues started to...

decline. As is clearly stated in the membership agreement “Credit card and bank account changes are the sole responsibility of the member. I understand that I must notify the gym for any account information changes including: Bank issued credit cards, lost or stolen credit cards, any expiration date change”. This was not done. We attempted to contact Mr. [redacted] via phone on 2/20/17, 3/7/17, 3/13/17 and 5/15/17. Messages were left or the voice mail was full. Further, emails were sent on a monthly basis after the first Credit Card decline. A final collection letter was mailed and emailed on 09/19/17.  There is no log notes stating any phone calls were received with the exception of 12/08/2017 from his mother. Further, as it clearly states on the membership agreement, “All EZ Pay Plan Members must stop into the gym and fill out a 60 day written notice form in order to cancel their monthly billing membership. I agree to pay two additional months from the date of my cancellation. I understand I cannot cancel by phone, email or by informing a staff person verbally”. We do not mail out cancelation forms to members, but we do accept written cancelation via certified mail, return receipt. All of our employees are aware of this and inform people when they call attempting to cancel. All efforts were made to contact the member that were reasonable and customary.

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.  They still didn't acknowledge my going into the place of business to cancel my membership and was declined  nor is it written in the contract that the 60 day notice had to be paid in its entirety at the time of that cancelation. I also attached the last page of what their website for signing up, doesn't show anything whatsoever that states before signing this contract with all your credit card information that this 60 day notice is even part of the contract. I also stated it has initials in the notes that are not mine and that I did not agree to. The only place on their website that shows the 60 day notice applies is in a month to month membership which I did not have. 
Regards,  [redacted]

Ms. [redacted] is correct that those are the terms of our membership cancellation policy. However, we do not give people those details and send them on their way. We take the payment before they leave. This is done because if those funds are not available the membership cancellation is void....

In Ms. [redacted]'s case there is no cancellation form on file and no receipt of a 60 day payment. These policies have been in place with our company for many years and are strictly enforced and adhered to.

I received complaint ID [redacted]. Attached please find a copy of the complainers' contract. She did join our facility on 11/30/2014 during our PRE-SALES special for $8.99 a month. That contract, which has to be reviewed before joining and was emailed to her at the time she joined, clearly states (first circled item) that cancelation CANNOT happen until the member makes at least 12 monthly payments. Our facility didn't open  until 02/01/2015, and her first monthly billing cycle payment did not come out until 03/01/15(second circled item). This makes her eligible to cancel on 02/01/2016, by filling out a cancelation form in club or by registered mail, no earlier than 12/01/2015.Whatever may or may not have been said to her on the phone does not change the fact that she signed a minimum 12 paid months contract. I also have a hard time with any of my employees telling her she could cancel as they all know we opened in February of 2015 and ALL of our members have a minimum 12 paid month commitment. Even if she was misinformed, a phone conversation does not supersede her written contract. Sincerely, Tim D[redacted]

As is clearly stated in our membership contract, which the complainant agreed to, “All EZ Pay Plan Members must stop into the gym and fill out a 60 days written notice form in order to cancel their monthly billing membership. I agree to pay two additional months from the date of my cancellation. I...

understand I cannot cancel by phone, email or by informing a staff person verbally.”    This is further explained in the section that states, “CONSUMER’S RIGHT TO CANCELLATION: YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR FURTHER OBLIGATION WITH WRITTEN NOTICE PROVIDED TO WORLD GYM WITHIN THREE (3) DAYS FROM THE CONTRACT DATE. Buyer acknowledges receipt of a fully completed copy of this contract executed by both buyer and seller and acknowledges all terms and conditions set forth on both sides of this contract. I authorize World Gym to debit my credit card or bank account on the 1st of each month, for all current and past due balances. I agree to pay all rate guarantee fees, late fees, two additional months due upon cancellation and any damage I or my guests may cause to the gym. I understand that my monthly billing membership will not automatically end at end of term checked above.” Attached you will find the complainants contract which highlights the above quoted paragraphs. Furthermore, the complainant was informed that they could submit their cancelation in writing if the following terms were met. “Notice of cancellation must be in writing, signed by the Buyer and mailed, by registered or certified U.S. mail to the Seller at the address indicated herein. Such notice shall be accompanied by the Contract forms, membership cards and any other documents or evidence of membership previously delivered to the Buyer.” This section is also highlighted on the attached copy of the complainants’ contract. In conclusion, the terms of the contract entered into and agreed upon by the complainant were followed to the letter, and since the complainant refused to “pay all rate guarantee fees, late fees, two additional months due upon cancellation” their cancelation is void. If the complainant refuses to do so by 09/23/16 their automatic billing will continue.

As is clearly stated on the contract agreed to by the responsible member "Credit card and bank account changes are the sole responsibility of the member to update their billing information so that monthly bills are not late". Furthermore it states "World Gym will access s $35.00 late fee for all...

rejected credit card and/or bank account debits". See the attached copy of the responsible members contact that was previously quoted.  In regards to the memberships for the complainant representing the 3 members; during the months of 08/2016 and 09/2016 there were 3 rejected credit card debits for each member. The reason for that rejection was “DO NOT HONOR” and was not for an expired credit card. Whenever a member declines for any reason our first mode of contact is via email. When the family joined the only email address we were given was for the 14 year old. Any attempts to contact that email were not responded to. At that time we contacted the members via phone and left a voice mail. They supplied us with a different credit card and we waived $280.00 of a potential $315.00 in fees. This was done as a one-time courtesy. The new credit card worked for one month and then in Nov and Dec of 2016 the attempts for all 3 were again rejected for reason “DO NOT HONOR”, again not for expiration (the card on file doesn’t expire until 01/2018). At some point during that time the complainant contacted us regarding a membership for her and another child and for nothing regarding the current members (this is by her own admission). Since we don’t offer family membership discounts there was no reason to access the existing membership accounts and therefore no reason to know there was a problem. In conclusion, it clearly states it is the members’ sole responsibility to update their billing information. We have already done far more than required for these members. They need to bring their account balances up to current and then they may cancel said memberships with the appropriate 60 day notice.

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.  It is not my fault that communication was not passed on to me properly by World Gym. I should have been given better customer service and communication could have been better. What does World Gym do in the case of unforeseen cases like mine? I was disabled for several months. I was sent out of state for treatment. I would like to know how this company handles a situation like this?
Regards,  [redacted]

We still assert that there are no log notes stating any phone calls were received with the exception of the 12/08/2017 call from Mr. [redacted] mother. Furthermore, we did make effort that was reasonable and customary to contact Mr. [redacted]. That being said we are willing to reduce his $591.92 debt by waiving the decline fees, and accepting the dues for that period of time totaling $128.93. This is the amount he was contractually obligated to.

I don't have any access to a fax machine

This complaint is against World Gym not the BAC or RAC for Women. We have no interest in this matter.

Attached please find a copy of our cancelation form. The underlined section clearly shows that a 60-day notice must be paid at the time of cancelation. This section is also initialed by the member. A cancelation would not be taken without payment.  We have made you an offer that is fair. Comments from disgruntled former employees are untrue and have no value.