9Round Fitness & Kickboxing

Review: When I first went to the gym. I was looking for a gym where I did not have to worry about a contract. Thus, I was told I can basically pay as I go. No contract. I told the guy owner that I will pay in cash. My first payment was in cash. The one single piece of paper I signed, I believed it to be for membership purposes. I received a message from my bank that my card has been changed twice. Once on December 1st and again on the 31st. I asked the bank by whom and they told me 9 rounds. Well to back track a little... A few days after I joined, which was one piece of paper signed. I came into the gym and the wife whom I believe is part owner asked me for my card for filing purposes. One of my cards did not register on their account. So I handed them my business card. However, I specifically told her not to charge that card because it was a business card and it is not used for this purpose. She agreed that she would not charge my card and that she just needed to put it on file. Well I contacted the owner of the Gym and I informed him that I did not authorize anyone to charge my card. He told me when I signed that piece of paper that it gave him the authorization. I told him that was not what was discussed and him and his wife knows this and that I was to pay in cash. If I thought they were going to charge my card I would not have given it to them to put on file. I asked them to put the money back on my account and pay the overdraft fees and he declined. They also did not want to come to any kind of solution to resolve the matter.Desired Settlement: I would like a full refund back to my business account along with the overdraft fees that have accrued on my bank account.

Business

Response:

Dear [redacted], We are sorry for the misunderstanding. On 10-22-15 you came in for our $19 two week trial special, at that point we went over all the agreements we offer. You chose to do the trial. We explained that if you signed up in the first 7 days of the trial we would take the entire $19 off your starting fee for whichever agreement you decided to do for a longer term. On 10-31-15 you signed up for our Month-to-Month option even though it wasn't within the first 7 days we still gave you the $19 off, once again we explained how our agreements work. You asked if you could pay in cash, which we allowed, but we need a card to put on file for the automatic withdrawal every month until you give us 30 day notice. You told us you would bring a card in next time you came in. The next time you came in you gave us your business card to put on file for the automatic withdrawal. You did say that you wanted to pay in cash every month and it was told to you that you could do that as long as you came in and payed before the card charged. You agreed, but never returned to pay anything in cash, nor did you come in to quit. On 11-30-15 you were charged $49 for your agreed to month to the card you left on file. On 12-30-15 you were charged $49 for your second month from the same card. We received your complaint on 1-4-16 at that moment we talked to you on the phone to explain again how the agreements work. As for the "one signature" you said you signed we have a 5 signature process as to where we explain everything to you. We also emailed you a copy of all the terms you agreed to on 10-22-15 when you signed with us, I emailed you a copy when you filed this complaint on 1-4-16. Attached is another copy of your signatures to your agreement. Per our agreement you are obligated to give a 30 day notice of cancellation. We have already waived the $49 cancellation fee and confirmed in the system that your membership was terminated as requested. There should be no more charges to your card. Again, we are sorry there was a misunderstanding.

Consumer

Response:

I have reviewed the response offer made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.

I am not accepting the business response. Their response was full of lies from the beginning to the end. And to think, I thought they were honorable enough and that I finally found a fitness regiment and business that could satisfy my needs. Boy I was wrong!!! and I want everyone to know it. The response was full of lies as I stated earlier. Furthermore, these signatures were made electronically and I did not receive a copy of the contract until today when looking at the response from the business. I have scrolled and scrolled my email and do not have the contract in my inbox from them. I should have received a physical copy the day I came in and paid for cash or the second or third time I came in when she stated she wanted my card for filing purposes so that I can read over it and make a sound decision. They are in the business of explaining the contract. Thus, not disclosing the full contract as most business do. Like I said in my earlier statement, that I had talked to the owner and the owner's wife and it was understood that I did not want to be under contract, so I would not be in the current situation I am in. I told the wife verbally to not Charge that card and she agreed. If there was any issue the organization had my phone number and could have called me. If you look at their response you will see that they mentioned several times that it was a misunderstanding. Since they know that it is a misunderstanding, they should refund me what I asked for or provide some other sort of resolution. I would have never given the wife my card if I thought that they would actually charge it. They told me they were a friendly family oriented organization. For them to do this knowing they understood that I did not want to be under contract and I wanted to pay cash and they do the opposite shows their lack of business ethics. It also shows the lack of care for their clients and customer service skills. This organization is not in the business in resolving the issue and they are only into fast talking individuals to sign them to the gym to make a profit without fully disclosing what they are not willing to do, which also shows where they lack in their business ethics, and are not family oriented business. If that were true they would have provided a resolution. I will not nor ever will be satisfied with the business response because those were not the terms of the verbal agreement made between me and the owners(the husband and wife). I will take this up in social media and with whomever is the original franchised owner because this is ridiculous. I would have been willing to settle this matter if they provided a solution but they are not as I stated and only in it for the profit...which they made off me for a service that I did not get to use. Finally, I did inform them that I was sick on several occasions in-person when I did come in and on the phone. Again, the owners could have called me to resolve this issue but they did not because they already made their money off of me.

Regards,