Fitness 19

I want to first apologize for the miscommunication with *** in reference to her account with Fitness
It is our policy that once a cancellation form or a letter is submitted in writing that the membership be canceled within days from the date received
If *** came into the facility
August of prior to the 15th of that month, her last billing would have been in August but if we received the cancellation after the 15th of August her last billing would have been in September of
At this time we have no record of a cancelation from ***
*** did sign up on August 11, and if she cancelled her membership within five business days of enrolling we would have refunded her the $she paid when she signed upAgain I have no record of *** cancelling her membership
When reviewing ***'s membership it appears she and her aaccounts were utilizing the facility after the month of August as well as purchased personal trainingFor the personal training purchased we would have also refunded *** if it were within the days of purchaseIn this case we have no record of *** cancelling her training sessions
When reviewing ***’s membership and personal training agreements *** signed and initialed all of her paperwork acknowledging the terms of the agreementIf *** would like a copy of her agreements we would be more than happy to provide her with copies
At this time we are still waiting for *** to complete a cancellation form
All billing has been correct on our partIf *** has any other concerns we would be more than happy to assist her in this matter

Unfortunately mistakes do happen and it is never our intent to intentionally bill a member incorrectlyA check was issued for the full amount of $and has since cashed by Kevin WoodWe do apologize for the inconvenience MrWood did experience with our companyPlease let us know if there is
anything else we can do. Thank you, Kayla *** Club Coordinator Fitness 19 | Minnesota

RevDex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved
Regards,
*** ***

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint
resolvedID ***
Fitness refunded the to my checking account, however, they did again withdraw the for July which I told them not to. My bank paid it back to me and debited the company,
I have lost only $20.00, so I consider myself fortunate. To anyone getting involved with the Fitness at this location, I say Beware!
Regards,
*** ***

Revdex.com:
I have reviewed the response made by the business in reference to my concern, and find that this resolution is satisfactory to meMy only request would be for the business to notify me when my cancellation has been made official

Fitness advertises as month to month, no contract, cancel any time They withdrew money from my account after I cancelled and will not fix it
I had a membership with Fitness I tried to cancel last week over the phone; they forced me to come to the club (though you can sign up via phone or in person or online, anywhere, you can only cancel in person) I simultaneously rescinded my permission to charge me any fees They refused, said they would be charging me, including the yearly registration renewal fee I called and spoke to a manager; he refused to stop the payment They claim not to have a centralized billing department or corporate department I can call I looked up their officers - it is ***, LLC, located in *** This company has no record with the *** Secretary of State There is no contact information on their website They withdrew money from my account despite my express instructions, and despite their advertising of no contract

In late March 2016, I notified a Fitness staff member, in person, that I was moving out of state and therefore wanted to terminate my membership I was told by the employee that he would do so immediately; then I watched as he removed my credit card information from a membership computer fileI have not returned or used the services of Fitness since that timeThis statement is supported by the fact that members are required to siupon entry
However, Fitness has continued to charge my *** on a monthly basis, despite assuring me that my membership had been canceled and my credit card information removed from their billing program/databaseMoreover, during the past year I have called Fitness numerous times from my *** home insisting that my membership be canceled, and each time I spoke with a Fitness staff member I was assured that my membership had indeed been canceled and I would no longer be billed
In addition, during the past year I?ve contact

Initial Business Response /* (1000, 18, 2016/03/28) */
We tried to give *** *** whatever she wanted to keep her happyUnfortunately our Vegan protein distributor wasn't meeting our time needs, but rather than the customer suffer, we offered an even exchange for anything we have in stock
Unfortunately, same-day cash returns are all we offer for cash refundsCustomers are subject to check or debit refunds beyond the date of the transactionThis is stated near the register, as well as the club membership agreement itselfWe will gladly refund the money anytime
Initial Consumer Rebuttal /* (3000, 20, 2016/03/30) */
(The consumer indicated he/she DID NOT accept the response from the business.)
they're making a statement I took the product back to them on three different occasions they requested that I give them the product my receipt and they would send it to headquarters and headquarters would issue me a check that was an agreeable to me that left me with nothing no evidence that even purchase the product I'm requesting that you tell them to give me my money back and mileage for coming to that place those three different times and no one was there to accommodate me

I have reviewed the response made by the business in reference to complaint ID ***, and find that this resolution is satisfactory to me.? FYI I was never told about a cancellation letterI even called the other Elmwood fintess & they never told me eitherThey only told me it had to be done in personThank you all
Regards,
*** ***

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,
[redacted] ---After 4 trips to the shop I finally got my clothes....

The workmanship was adequate. They did not charge me for the work. I consider the matter closed. Thank you for your assistance. [redacted]

new address [redacted]  [redacted]

Fitness 19 prides it's self on providing a high level of customer service, we do everything we can to ensure each and every member understands our membership agreement.Our membership requires a 30-day written notice in order to cancel; this notice is required in writing. We encourage members cancel...

in person so they can receive a copy of the signed cancellation form Monday through Friday 8am to 8pm. If those times are not accommodating, members also have the option to mail us a letter. Management is available Monday through Friday 8am to 8pm and more that willing to discuss any issue that may arise. Due to the content of this complaint multiple attempts have been made to contact the member in order to remedy the issue. If any misunderstandings occurred throughout the process of enrollment or afterward we are unable to resolve them due to an inability to contact the members. We would be more than willing to correct any mistake made on our part, please do not hesitate to contact us to resolve this issue. Thank You, Fitness 19 256 llc Management [redacted]

We would have been more than happy to resolve this with [redacted] but we were never contacted with an issue. Shesigned a month to month agreement Nov 2, 2015. She never filled out a cancelation form in person and we neverreceived a cancellation letter via U.S. mail. We do not accept verbal...

cancelations as in the agreement. The membershipagreement says in order to cancel the membership it must be done in person or via mail. Her first billing was 7 /15/16.We still as of 8/15/16 have not received a cancellation from [redacted]. We have tried contacting her in order to cancelthe membership a.s.a.p and prevent any further billings.
Fitness 19 Management206.430.8454206.659.0314 FaxFitness 19 WA 264, LLC5680 24th Ave NWSeattle, WA 98107www.fitness19.com

Complaint: [redacted]I am rejecting this response because:
Fitness 19 has been contacted numerous times to cancel with no response.  Have called and left messages for the manager with no reply.  Finally received a returned phone call from "Bobby" today (after a year+ of messages), who stated he was the owner, which, I might add is false, based on a DOC search.  He was extremely rude and hostile when I requested a refund.  He refused to provide his last name, email address or any legal/corporate contact information to pursue legal recourse. 
Before filing a formal complaint with the AG's office, including small claims action, I am looking for a full refund of all monies deducted from my account to date.
Sincerely,[redacted]

Initial Business Response /* (1000, 8, 2015/10/30) */
After speaking with Ms. [redacted] a second time, my stance on the situation remains unchanged. Ms. [redacted] agrees to the fact that she paid for personal training. She agrees that she signed the contract. She wrote, signed, and dated a check to pay for...

the service. Both her copy of the contract and our version of the contract are dated in the top left corner with 6/12/15. After finding out that we would be happy to honor her sessions and even extend the date of expiration for her, but not refund her, Ms. [redacted] is continuing to try to find a way to be entitled to a refund. She recognizes intent to purchase the sessions, agrees that she signed the contract, but is trying to find a loophole in the fact that she forgot to date the agreement. The contract was not "altered", a date was added for record keeping purposes, and a set of brackets was put around her phone number. Ms. [redacted] has stated that she will seek legal action at this point. She is well within her rights to do so. Fitness 19 will not issue a refund for the personal training, but once again would be willing to honor the sessions that she paid for. I have spoken to Ms. [redacted] multiple times about the situation. This will be our final response.
Initial Consumer Rebuttal /* (3000, 10, 2015/11/07) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I spoke to [redacted], the District Manager for Fitness 19 on October 30, 2015. I was the one to contact him, as he had not returned any of the numerous messages I had left for him. I told [redacted] of the situation, to which he was very forceful, rude, and several times said, "this conversation is over". I was calling to get clarification about the situation and all he did was accuse me of trying to "loophole" the system. He refused to honor a refund for the $300 Paid toward personal training, without a completed contract. Several of [redacted]'s statements are false in his response. First, the check written to Fitness 19 for these sessions, was not written by myself, nor signed by my hand, but rather was written by my husband, from an account that I do not have access to, nor is my name on the account. Secondly, he admitted that their contract and my "customer copy" of the contract are BOTH dated by a Fitness 19 staff member at the top left of the contract, and that they only dated my signature for "record keeping" purposes. When I spoke to [redacted] about this he stated, "There is nothing in the contract that states that we can't date your signature", to which I replied, "Then what is to stop you from signing my name to a contract then? This section is intended for the Buyer to sign AND date for complete acceptance of the contract, and I did not date this." The date was added as a way for this company to deny me a refund, and to contractually bind me to the agreement against my will. Keep in mind that I have already paid for and received personal training in the sum of $990.00, but yet they see no value in the fact that I have been a high value paying customer, up until lately when my health has prevented me from utilizing these services to the fullest. I asked to speak with the owner of the company, for I feel that the staff, including [redacted], who they have representing the business interests, are failing in customer service, as well as taking liberties with filling in contracts against the knowledge and implied acceptance of the signer. [redacted] said, "You will never speak with the owner, and they hired me to handle these things. The buck stops here with me, and I will not issue you a refund, because you are just trying to find a loophole in the contract." Per [redacted]'s own words, he is implying that should a date, by my own hand not exist on this contract, then I would in fact not be bound by the terms of the contract, and therefore the binding terms of the contract can be disputed, or in his words a "loophole". That is exactly what I am doing, I am disputing the terms of a contract that he admitted and is endorsing was dated, in the Buyers only section by his Fitness 19 staff. He admitted that Fitness 19 dated my signature for "record keeping" purposes, which would not be necessary since the contract was already dated at the top left corner. The staff dated my signature in the "Buyer's right to cancel/length to contract term" section, a section intended for the buyer to exclusively agree to the terms and conditions of the contract, and a section that states in paragraph 6 that, "by signing and dating below Member agrees to all terms and conditions on the front and back pages of the agreement including the warranty of physical fitness and waiver and release of liability in paragraph 7 and acknowledges a receipt of copy of the agreement." [redacted] has admitted that the staff dated this contract in this section, without my consent, and with the intention to bind me to this contract and thus deny me a refund. Furthermore I feel that the Revdex.com should open an investigation into this business and their practices of altering binding agreements for their financial benefit. If possible I would recommend their business license be suspended until such a time, that the Owner can be contacted about this situation, and weigh in on the business practices that his staff are endorsing, with regards to adding to, altering, and changing the contracts that in turn bind the customer to the terms without their consent, and create a financially beneficial situation for Fitness 19.
Final Business Response /* (4000, 13, 2015/11/13) */
This situation has already been addressed multiple times. It is recommended that the consumer seek legal counsel at this point. Fitness 19 management will no longer respond to the client in any manner, as all options have been exhausted.
Final Consumer Response /* (4200, 15, 2015/11/25) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I find it completely ridiculous that this business can't take responsibility for their admitting to altering the contract to be financially beneficial to them. It is also curious that their first defense it to have me seek legal action against them, in hopes of bullying me into just dropping this issue.
When I first contact Fitness 19, I had shared with both [redacted] (district manager) and [redacted] (site manager), that I have been having some medical issues, and that is why I was unable to continue with my personal training. I personally did not want to have to share my private medical information with the public in this way, as I find it demeaning that this business could not do what was right by refunding me my $300 based off of the contract issues alone. As this is the only piece that has not been considered from the business, I felt it should be shared in the hopes that per their contract, (which I still am refuting that I fully agreed to), it states in paragraph 14 of the back side in bullet 2, "If you become disabled and a licensed physician provides written proof of your disability or if you die and your estate provides written proof of your death, then Fitness 19 will refund prorate any unused portion of your paid in full contract." Both of the notes I have provided are written by 2 different licensed physicians in the state of Colorado. One is from my OBGYN and the other from my orthopedic doctor. Both notes state that per my health and medical issues, of which are debilitating in nature, I am to withdraw from my personal training and gym exercise programs. I have blacked out some information in the orthopedic letter as it states my DOB and my medical chart identifying number, of which I felt both were too sensitive in nature to share with this business. The orthopedic letter states that I should receive a full refund for the unused personal training. These letters are provided as the last ditch effort to settle this issue with the business. I have provided 3 separate instances where this business could have done what was right and refund the $300 that was paid for personal training services, that were not, and now per 2 licensed physicians, cannot be used or fulfilled. I have shown with certainty that this contract was not fully completed by myself, nor was fully agreed upon by my own hand, and Fitness 19 confirmed that they themselves, finished dating my signature in the "buyers only" section, for what they said was "documentation/accounting purposes". This was unnecessary due to them already dating the contract in the top left corner in the "official use" section. I have provided proof of the medical issues that I am currently facing, which are debilitating in nature. Supplying these letters were not only humiliating, degrading, and extremely personal, but they are also further proof that there is no earthly reason for Fitness 19 to be denying me this refund in full, and within the next 15 business days.
I would also like confirmation that Fitness 19 will no longer be Auto withdrawing monthly dues from my bank account. Per [redacted] (site manager) on October 20, 2015, upon canceling my monthly membership with this business, the last auto withdraw would be in November. On November 16, 2015 this deduction came out of my account. I would like confirmation from this business that this will in fact be the last deduction from my bank account, and that this business has taken the necessary steps to stop the auto withdrawing from my bank account.
I stand firm that I am entitled to and must receive my $300 refund for the personal training sessions that were never contractually agreed upon, and that my 2 licensed physicians saying I am not able to physically use due to my medically debilitating conditions.
I also feel that the tactics this business is using are unethical and deplorable. They are denying a refund and confirming they are doing so based off of things they put on the contract to bind me to it. They suggest that I take them to court if I want to see this refund. They are bullying the customer, degrading, humiliating, and creating a hostile situation, when they could easily do what is right and refund these sessions.

Initial Business Response /* (1000, 8, 2015/12/29) */
We would be more than happy to take care of this for [redacted] if he is able to provide the carbon copy of his cancellation form which would have been given to him at time of cancellation. If [redacted] is unable to provide written proof of this, we will...

need him to stop back in the club to complete a cancellation form during office hours Monday through Friday 9am to 7pm.
Initial Consumer Rebuttal /* (3000, 10, 2015/12/31) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I attempted to reach out and provide extra clarity and my calls were not returned. I reached out two or three times by email and twice calling the store during regular business hours with no returned contact of any kind. I have those calls recorded which I disclosed to the employees who picked up the phone on those attempted contacts. At this point I've done all I'm willing to do to help you make sense of your internal filing issue.
Why would I save the proof of my termination of contract for over two years when I followed your protocol exactly as asked and after that the payments stopped coming out of my account. How am I to assume that there was never a resolution when there were no payments charged and no requests for them until two years later?
Your own records will show I have not attended the location in more than two years in accordance with my statement.

Initial Business Response /* (1000, 8, 2015/07/16) */
Fitness 19 agreements state under paragraph 37 that "Fitness 19 may close or move your club of enrollment without affecting this agreement if it transfers your membership to a comparable club within reasonable distance not to exceed 10 miles, of...

this one." The Cn Rapids Fitness 19 location, which is where this members agreement was transferred to, is according to google maps 8.6 miles from the closed Brooklyn Park Fitness 19 location.
Initial Consumer Rebuttal /* (3000, 10, 2015/07/20) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I simply explained to the owner that this new location is much further from my home and I cannot use these services, in addition, monthly membership holders were offered membership at another facility less than 1 city block away. I believe that good business practice should have included all members, not just some. It shows preferential treatment

I am rejecting this response because:
I have filed out the cancellation form and sent certified mail. I wish I would have done more research about this gym before signing up. I'm not the only person that has had this problem with this business. The best solution in my opinion is a full refund. The only reason they are still in business is because no one governs them from stealing from people. This is unwarranted business practices and should not be allowed. It's a shame that your company is ran the way it is. Fitness 19s business ethics are far from appropriate especially at this location and you can read just about any social media review or consumer report to see that. Just refund my money that you stole.Thank you

[redacted], The member did purchase a package of personal training (24 sessions) which we did break down into a payment plan of 3 payments for $203 each. We did this in order to provide a service to our member while working around the members budget, Per the agreement, members have up to 5 business...

days to cancel or make any adjustments to future payments. Fitness 19 did not receive any notice for either circumstances within the 5 business days of the agreement The original trainer that Ms. [redacted] was assigned to, unfortunately, gave her 2 weeks notice of resignation in which she did not complete. At this point in time we offered the member a complimentary session with another trainer to make sure she was satisfied with her new trainers service. I, the manager, spoke with [redacted] after the session to confirm her satisfactory of the session. She did state that it was a great session. After, I requested that [redacted] and/or her husband to contact me with any future concerns, I have not heard from [redacted] or her husband since the session with her new trainer. At this time we have decreased the amount of payments to only 2 for our members convenience_ All personal training sessions are valid for up to 1 year from date of purchase and we look forward to helping Ms. [redacted] reach her fitness goals. Best Regards, [redacted] General Manager Fitness 19 [redacted] P: ([redacted] E: [redacted]

Complaint # [redacted] 
Please close this complaint. Received Fitness19 refunds.
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Thank you
[redacted]