Gold's Gym

Hi [redacted] Please find Response to Complaint and other supporting documents attached herein: We've also included it in this email.  ID #[redacted]Today’s Date: 6/2/15Date of Complaint:  5/22/15Complainant: [redacted])Respondent: (Golds Gym Alexandria)ISSUE:...

 Billing or Collection In response to the above mentioned claim, we have attached the following documents for your review: 1.       Membership Agreement2.       Billing History3.       Member Check-in history4.       Personal Training Service Usage Records5.       Personal Training Agreement The Complainant, [redacted], herein referred to as ‘customer’ signed a Membership Agreement that indicates she would not be billed for 3months, hence (free 3months).  The customer only paid enrollment and processing fee amounting to $334.  The Membership Agreement also highlights how the “Automatic Renewal Program” works, wherein the customer has initialed.   (see Membership Agreement) The customer now agrees that all of this was correct in its processing, but did not want to come in to gym to cancel her “Automatic Renewal…”, which caused her to be billed in May 2015.  Even though, the Membership Agreement clearly states, “…Renewal terms may be cancelled at any time provided a 30-day written notice is delivered to the club’s address…” we offered the option for her to prepare a certified document as an alternative and she refused.  The customer finally agreed to 30-day written notice and as a courtesy we canceled the Membership Agreement immediately, so customer would not incur additional charges. The customer claims she was uncomfortable with her original trainer and switched to female.  On February 28, 2014, the original trainer informed customer via text that he would not be able to trainer her and to ask for another trainer who would be waiting for her.  The customer agreed and met with the first new trainer.  That evening the customer texted the original trainer the following comment, “…Man I missed ya today!”.  The original trainer, assuming customer was referring to his training style, asked, “…was Brien that bad??” The customer, said he was nice but she didn’t feel challenged.  The customer commented, “He was easy on me.  You’re a freaken rockin trainer.  I really appreciate you challenging and pushing me…” The original trainer continued to train customer for several months until June 2014 when he decided to put her with another trainer because customer was either late or no showed too often for his schedule.  When customer contacted us regarding her claim, we reviewed all the text conversations between the customer and her original trainer and discovered they were quite friendly with each other in conversation.  The customer spoke of her personal life, including her boyfriend on her own accord and made remarks such as “..my hot trainer…”.  After this review, its quite clear to us why the customer did not mention this a year ago, as she made comments that completely contradict her claim of being uncomfortable with the trainer, and that other staff was harassing her.  DAs such, her comments are slanderous and liable.  The customer worked with new trainer for 5 sessions until July 2014, sporadically. However the customer wrote that this trainer (female) was doing a good job so we’re not sure why she discontinued.  The customer was on a 6x per month, which required her to train 2x per week 2x per month and 1x per week 2x per month.  However, customer only showed up once or twice per month totaling 5 sessions.  Customer gave written praise about her female trainer, but stopped training a month a later.  With several sessions left over to use, the customer discontinued training and started coming to the gym by herself for approximately 3months, once or twice a month until the end of October 2014 without issue or complaint.  The customer did not return to the gym thereafter which has been over 6-months when customer was billed in May 2015.  (see Service Usage Docs.) The customer has made a refund request in the amount of $2,460.91.  The customer’s Membership and Personal Training contract do not even amount to this much if you add them together.  In addition, the customer used more than ½ of her personal training sessions and allowed the rest of her sessions to expire out for non-usage.  We cannot refund membership fees or expired personal training sessions. The customer is responsible for the terms of the agreements as they read. Rather she attended the club or not is irrelevant.  All of our members pay fees rather they attend the gym or not.  And we certainly cannot refund customer based on accusations against our staff made 1 year later, especially when the customer herself made comments to her original trainer of a personal nature.    The customer never mentioned any issue or concern with Gold’s or its service until customer was billed in May 2015.  By her own admission, that lit the fire.    The customer also continued to attend the gym with a new trainer and on her own well after her original trainer.  (see check-in document)Golds Gym Alexandria

Revdex.com spoke with the business. His contact states that he needs to provide notice of cancellation with 30 days notice. He canceled on December 5, 2014. He was changed for December because he was already into the month of December. As a gesture of goodwill the business did not charge the...

customer for January when he canceled.  January dues, per the contract, were due since it was not a 30 day notice.

We would like to apologize for any inconvenience you may have experienced. Each Gold's Gym club drafts members on a different day of the month, and the corresponding draft date for our Ahwatukee gym is the 14th of each month, which is the reason for the change in draft dates (this is outlined in...

your agreement). Per the terms and conditions of your signed contract, members are charged a $39 Rate Guarantee fee along with their first month's payment. This $39 charge ensures that your rates will not change over the course of your term, and is charged annually on the anniversary of enrollment. We reviewed your old account and found that you hadn't yet been charged this fee during the course of your old membership, so the $39 charge must stand. However, as a one time courtesy, we waived the $25 NSF fee that is added on to a members account when their draft is declined. As of now, the only additional fee that needs to be paid on your account is the $39 RGF (you made a payment of $29.95 on 02.06.14 which will be applied to your membership dues). Once this fee has been paid, your account will be up to date.Sincerely,Gold's Gym Fitness Alliance, LLC

This is an account of events associated with complaint #[redacted] lodged by [redacted].I received a phone call from this member about cancelling his membership. He stated that he filled out our cancellation form and he just wanted to follow up to make sure that we received it. When I was...

processing his cancellation request originally, I noticed that he signed a one-year agreement with us and the only way to get out of the one year deal is if you move more than 25 miles from where you were when you originally signed up. I had the associate who signed him up contact him to make him aware of this. When he called, the member stated that he could not speak at the moment and would call back. When the associate didn’t hear back from the member, he tried calling him again but he did not answer and his voicemail was full. A few weeks later is when I received the call from the member inquiring about his cancellation status. When I explained the situation to him he immediately flipped out and started cursing at me. He stated that he signed no such contract and when I told him that I had the contract in front of me he hung up on me.I am not sure why he is arguing this when clearly he signed this contract with us. If he has something else that is different from what we have I am more than happy to look at it. I was not able to convey anything to him because he would not stop yelling and cursing at me.I’ve attached all documentation necessary for this case. If there is anything else needed, please feel free to contact me.

Dear Mr. [redacted],We would like to apologize for any inconvenience you may have experienced. Our contract does not bind you to any specific term of enrollment and you are able to terminate your membership at any time (given your provide a 31 day notice).  However, you do have to agree to...

certain conditions that all members who attend our facility must abide by. Sincerely,Gold's Gym Fitness Alliance, LLC

Hi [redacted]-
     I have confirmed that Mr [redacted] received a...

full refund of $180.96. Thank you again for your patience during this process!

[A default letter is provided here which indicates your acceptance of the business's offer.  If you wish, you may update it before sending it.]
Better...

Business Bureau:
I have reviewed the offer made by the business in reference to complaint ID[redacted], 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. If the company does not perform as promised I can get back to you at: [redacted]
Regards,
[redacted]

whom this may concern,As previously stated in my letter before once before | tried to explain to [redacted] why I was not able to cancel her membership. Once she became upset that I could not cancel her membership she was cutting me off at every word spoke. I then as stated before in my 1st statement [redacted] I guess I cannot help you have a blessed day. She then left. She was never once asked to leave the facility. As for who signed her up it is cut and dry clear by the contract that was signed and agreed to that it is 2 year agreement with her obligation date being 1-31-17. I did do what I said I would do and contact the parties about her membership and see what we could do. I did not contact [redacted] due to the fact she had already sent a complaint in to the Revdex.com within a day or 2. With that being said all contact was to be made from them at that point. Now as for the PEA membership she signed for. The PEIA membership is primarily sold through the Charles Town WV location but it is available to those who chose to join the Martinsburg WV, Hagerstown MD, or Winchester VA location if they are a PEIA member because we are all under the same franchise/ownership making her fully liable for all payments of the agreement. Now back to the fact she came in to cancel because [redacted] was giving her a free membership for her volleyball team. In her 1st statement to the Revdex.com she claims her reason for canceling was due to a high risk pregnancy which was never said at the time she was here. If that is truly the case all she would have to do is simply supply us with a Dr. Notation stating that she has a high risk pregnancy and is not capable of any physical activities and we will relieve her of the agreement. Now as far as her claims that we are going around telling members of her complaint is completely false. In fact her next door neighbor approached me in a very joking manner saying that she told him that she sent us in to the Revdex.com and we laughed it off. So if anyone is telling others it is not us.Thank You,Chad C[redacted]GM Gold's Gym Martinsburg

Dear Mr. [redacted],We would like to apologize for any inconvenience you may have experienced. Per the terms and conditions of your signed contract, a member must pay a $25 cancellation if they cancel their membership prior to six full months of enrollment. There are no notes in your account...

stating otherwise and this policy is never waived for members. You sent an email request on 10.20.14 stating that you would like to cancel your membership.  per our 31 day notice policy, your final draft was set for 11.08.14 and you were also charged the $25 cancellation fee. A confirmation email was then sent to inform you that your request had been processed.  Due to the fact that these terms and conditions are outlined in your signed contract, we are unable to offer you a refund at this time.Sincerely,Gold's Gym Fitness Alliance, LLC

[A default letter is provided here which indicates your...

acceptance of the business's offer.  If you wish, you may update it before sending it.]
Revdex.com:
I have reviewed the offer made by the business in reference to complaint ID [redacted], 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. If the company does not perform as promised I can get back to you at: [redacted].
Regards,
[redacted]

mso-bidi-font-size: 11.0pt; mso-fareast-font-family: Arial; mso-bidi-font-family: 'Times New Roman';">Dear [redacted],
This letter is to inform you that as of 4/4/2014, your Gold's Gym membership has been cancelled. I also wanted to let you know, a letter was sent to the address on file (as of July 2013) for all members of Gold's Gym 8401 North Michigan Road Indianapolis, IN. The letter informed members of the closing and the cancellation process. The address we had on file for you as of July 2013 was, [redacted] Drive Indianapolis, IN. Also, see enclosed a copy of notes dated 3/14/2014, from your ABC account. Your membership is cancelled but I am unable issue a refund.
If you have any questions please feel free to contact me. My number is 859-582-[redacted].
 Regards,

Dear Ms. [redacted],
We would like to apologize for any inconvenience you may have experienced. Unfortunately, the date on the letter you received from the bank when they sent you a new debit card conflicts with the dates you were charged the decline fees. The decline fees on your account were added on 6/03/14 and 06/17/14 due to your draft declines on 05/30/14 and 06/13/14. According to the date on the letter you received from the bank, your credit card information didn't change until June 30th (which is 17 days after your second draft decline occurred). All additional charges included in the $100 refund you requested were membership dues (some past due) that you were contractually obligated to pay before your account could be cancelled. Due to these reasons, this letter is not sufficient proof to remove the NSF fees from your account and we are unfortunately unable to offer you any type of refund at this time.
Sincerely,
Gold's Gym Fitness Alliance, LLC

Revdex.com:
I have reviewed the response 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. The RGF (Rate Gaurnetee Fee) was not charged on the anniversary date of my first draft. My first Draft was completed in June. I made a request to cancel my membership through the customer service/billing department for Golds Gym over the phone. However my request was denied because I refused to pay a Rate Gaurnetee Fee for a service that I was not going to continue. Had I been able to cancel my contract when I requested I would not have been charged for the monthly dues for November or December. I requested to make payment arrangements and my request was denied stating that they can not take anything less then the full payment. I was then instructed by the company billing department that I would be charged for 3 months and then my account would be sent to collections and I could make arrangements at that time. This was not completed the company found a way to obtain my new debit card information and charged my account. Due to the fact that the company refused to cancel my contract and did not honor the option of making payment arrangements and just took money from my account. This company should be refunding me a mimu of 2 months worth of fees.
Regards,
[redacted]

Revdex.com:
I have reviewed the response 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 happy with the response because it does not address my issue.  I am willing to pay the months due  and a return check fee but I am not willing to pay the collection fee or even discuss this matter with swift anymore.  I was told by your GM the other day that I can come into the club and pay 188 dollars which includes the 80 + dollar collection fee and I will pay 100 to close this matter and hopefully this will be satisfactory.  
Regards,
[redacted]

Revdex.com:
I have reviewed the offer and/or response 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.
[Provide details of why you are not satisfied with this resolution.]
Regards,
[redacted]

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

To Whom This May Concern,
  We do have a [redacted] in our billing system which shows a past due balance.  We do not have any record of a notice being given to our billing company at the time, which should have been sent certified letter to [redacted].  [redacted]...

stated to our billing company that she had not submitted anything in writing.  She did not have proof of move or a copy of any letter to cancel.  I have attached notes of the conversation that [redacted] had with our current billing company and old notes that indicate no written notice given to [redacted].  Second half of the notes are from [redacted].  Once we have proof of a termination request, and proof of her relocation, we would be more than happy to assist [redacted].  Any questions, comments or concerns may be directed to Health Club Billing at [redacted].  Thank you for your time.
Best in health,
[redacted]

Over the last year, we have documentation of 3 different payments from Feb, July and Sept which were declined to insufficient funds.  they were attempted another time each during those months to get payment, along with their late fees during those months.  [redacted] scheduled payment date has...

never been changed from the 28th, but due to the draft being declined during those months, payment was fulfilled on subsequent attempts in those same months. We do not change payment dates arbitrarily at Golds Gym.  Thank you for your concern. We hope this satisfies your complaint.

Hello [redacted]!   Sorry to hear about your cancellation issues.  Looks like I haven't received your cancellation notice.  That's why the membership went to collections.  No worries though!  I would be happy to resolve the issue for you and remove you from collections! ...

Please feel free to give us a call.

Good morning,
 
A...

written letter was delivered today via [redacted] to [redacted]; he and I have since spoken by telephone in depth relative to the points of his complaint and the responses in my letter.  I suggested to [redacted] that notification to the credit bureaus is actually unnecessary because no information, adverse or otherwise, has been reported.  Because nothing has been submitted to date, notification at this point might serve to do more harm than good with regard to placement in his permanent credit history with the three major credit reporting companies.  [redacted] has been provided my direct dial telephone number and I have indicated a willingness to speak with anyone from a regulatory agency regarding the manner in which [redacted] handled his account and/or our business relationship with Gold’s Gym – Arboretum.
 
If there are any further questions please do not hesitate to contact me directly.
 
Sincerely,
 
[redacted]
T - [redacted]
C - [redacted]
Toll Free: [redacted]