Complaints

The complaint text that is displayed might not represent all complaints filed with BBB. Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business.

• Initial Complaint

  Date:23/08/2023

  Type:Customer Service Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  me a free session to try their gym model out. I accepted their offer and went there for a day, and as I like working out, they asked if I want to keep coming for training. I liked the concept, so I said yes. While we were sitting, they asked me to sign a waiver and pay up front fees. So I signed, and I paid the money, which I believe was close to 500.00. During that time, I was hesitant to make the decisions as I told them it would be challenging to train due to a conflict with my work schedule, but I can try to make it happen. I have two jobs. A few days later, I told them to pause my account and we would connect again around mid-July because I won't be able to make it to training. When it was close to Mid-July, I asked them to cancel my account because I won't be able to make it. And they changed to be all about a contract I signed for 3 months, and I have no choice but to pay. So far, they have charged me about 700.00, and they sent what's remaining for 3 month, which is about 888.00, to collection. They want me to pay over 1500.00 for something that I haven't used at all. I think that is very unfair, especially I wasn't aware of such a contract. I tried to resolve the issue with them, but they care about nothing but money. I am very disappointed at this stage and I am really hopping that Better Business Bureau could help me out.

  Business Response

  Date: 24/08/2023

  Mr. **** ***** came to us on May 11th 2023 with a mutual friend and visited our EMS Fitness studio. He was interested in our concept, arranged a trial training on May 20th 2023 at 5:30 pm. Mr. ***** came on may 20th signed the waiver before the start of the training and completed his free trial training. He was very enthusiastic about the training and was interested in becoming a member. We presented him the different options of our memberships. We offer 3 (12week) or 10 (44week) month memberships. You can choose to train 1 or 2 times a week. 

  
  Balance membership 1 workout per week, training in small group up to three people. Bi/weekly $129 plus tax (3month)    $99 plus tax (10 month membership)

  Lifestyle membership 2 x training training in small group up to three people. Bi/weekly $179 plus tax (3month)  $149 plus tax (10 month membership) 

  Exclusive membership 1-2 times/week one on one training.  (See attachment) bi/weekly $229 plus tax (3month). $199 plus tax (10month membership)
  
  
  These different membership options were explained to Mr. ***** in detail.  We do not offer individual lessons or packages. Mr. ***** has deliberately chosen the 3 month membership with one training session per week (Balance membership). This membership contract was presented to Mr. *****. We explained all the important points such as cancellation, pause and that the training credits will be expired if they are not used. Although these points are listed in detail in the membership contract, it is important for us to address them personally.  Mr. ***** read and signed the 3 month (12 weeks) membership contract in our presence after his training. Mr. ***** gave us his card information and thus a direct debit authorization for the bi-weekly membership fees $148 (incl.HST) and a one-time joining fee of $113 incl.HST (not $500). His membership started on May 20th 2023. He arranged a new training date for the following week. This conversation lasted over 45 minutes. 
  
  
  On May 25th we received an email that Mr. ***** would not be able to start training until mid-July. We paused the membership due to customer service. According to the contract, we should not have done this because there is a fee requirement whether our service is used or not. This is usual in every fitness gym. Nevertheless, we paused his membership.
  In the middle of July July 20th 2023 WE contacted Mr. ***** via messenger to tell him that his membership was active again and when he wanted to come for training. Again, we did not have to do this! But it is important for us that our customers use our services. Mr. ***** then wanted to cancel his membership immediately because our opening hours suddenly no longer suit him. He would like to train in the morning hours. This statement surprised us because we open Monday, Friday at 8am and Tuesday, Thursday already at 7am. So I suggested him to come Tuesday or Thursday already at 7am for his workout. Although these times are normally only available for Personal Training, Exclusive Membership Members, I wanted to give Mr. *****, without extra charge, the opportunity to use these times for his training. By the way, our training session lasts only 25 minutes. This proposal did not satisfy him and he insisted on an immediate cancellation of the membership.
  I informed him that his cancellation was noted and that according to his contract, his membership would end on September 30th 2023, but that the dues would continue to be due until the end.
  
  
  Mr. ***** then withdrew our bank authorization and thus the agreed membership fees could no longer be debited. After a friendly request to pay the outstanding membership fees, Mr. ***** gave us to understand that he did not want to pay the fees, so the claim was handed over to a debt collection company and accepted by the debt collection. As you can see from the communication with Mr. *****, no other solution was possible. See attachment
  
  
  We have so many satisfied customers, every trainee has a membership contract with us. We have never been accused of not being honest or service oriented. Our memberships are explained in detail in every single point. That Mr. ***** claims to have signed only a waiver is not true. The waiver was signed by him on 20.05.2023 at 5:18pm before his training. The membership was signed by him on 20.05.2023 at 6:23pm after his completed trial training. We received two signatures from Mr. ***** at two different times. We strongly deny Mr. *****'s allegation that we presented him with a membership contract to sign instead of a waiver in order to fraudulently obtain membership.
  
  
  
  
  Mr. ***** keeps coming up with new versions to accuse us of fraud. If he was supposedly not aware of having signed a membership, why did he give us his bank information? Why did he ask us to pause his membership and resume his training later? 
  Why does he want to cancel a membership that he supposedly did not sign up for? 
  Every client gets after signing the membership automatically his membership contract sent by email. Even if all this would be true what Mr. ***** claims, at the latest after checking his emails he should have been aware that he has signed a membership with a duration of 12 weeks with us.  
  Mr. ***** payments to us:
  Upfront fee $113.85 incl. tax 
  Memberships fee $148.35 incl. tax
  Total amount $261
  An amount of $261 and not $700 as he writes in his complaint. He could have easily verified this on his bank account statements. Our remaining principal due to him is $885,50 which has been turned over to collections. 5x$148,35 membership fee plus 5x$25 debit fees. Mr. ***** will still have the opportunity to train with us at the end of his contract term after payment. 
  
  
  Our concept and membership contracts were intentionally designed to be transparent. In our contracts every point is listed separately to protect the customer and us. We are an exclusive Personal Trainer Gym with high demands on ourselves and a high standard of customer service. This insinuation hit us very hard. If Mr. ***** was honest, he would not have to constantly come up with new versions. By the way, our gym is video monitored. We can easily prove that Mr. ***** was fully informed about our policy, he read, understood and signed the membership contract. 
  
  
  We are really sorry that you have to deal with this. 
  
  
  If you have any further questions, please do not hesitate to contact us.
  
  
  Waiver, membership contract, communication between Mr. ***** and us, statements can be found in the attachment.

  Customer Answer

  Date: 28/08/2023

   I am rejecting this response because:
  
  
  As stated in their response, I came with a friend who introduced me to the family, and I had to learn of their offering or what type of service they offer. So, the family was my primary source of information. When we chatted after my trial session, we sat together and talked. I already had an active membership at that time at another gym. I have no reason to cancel my other gym membership as I can access the gym 24/7, so I told them I might be able to make it only once a week as an extra workout. 
  
  There was absolutely no chat about the cancellation policy or the fact that I would have to pay 3-month membership fees if I wanted to cancel. I am 100% confident that the conversation never happened, especially since I mentioned to them I have a busy schedule and I think it will conflict, so I've made it clear to them that it might be an issue, but I will do my best to make it work. 
  
  Attached is a screenshot showing a timestamp on their contract that they claimed they explained to me, and I had a chance to read it. All documents were signed on their iPad, viewed at 18:21:45 and signed at 18:23:06 seconds. And as they mentioned in their email, we were conversing while setting. How could they open the contract link and hand it to me to sign, and I read a well-written 6-page contract in about one minute and 20 seconds? I signed what was in front of me because I thought relationship matters and you can trust people. However, that was turned out to be a disappointment.
  
  I also attached a screenshot to one of the messages a that my message about the cancellation was ignored( sent on July 21st) until the money was withdrawn on July 24th, and I had to send another message on the 24th to get a reply "with I believe is somewhat cold.
  
  
  And as far as the difference in the upfront charge. I mentioned in my claim that I wasn't sure about the exact amount, and I believe there was a charge for a training suite as well. I emailed them to ask for the invoice, and they didn't reply with any invoice. They told me my matter was with the collection agency and that I should contact them for any further information, which I did, and I have never heard back. That email was sent on August 10th. Please see attached.
  
  "If he was supposedly not aware of having signed a membership, why did he give us his bank information? Why did he ask us to pause his membership and resume his training later?"
  
  About this contract: I believe that I made it clear that I showed an interest in joining the place; however, I wasn't aware of your policy, and it was never disclosed until I wanted to cancel. It's becoming overwhelming now with everything you do. There is multiple documents you have to sign, and I am the kind of person who would scroll down and just sign. I assume they should educate people about their policy after their something as such. It's not a cheap commitment.. 
  
  Thank you so much, Hussain, for your efforts regarding this matter! I hope that more businesses will refrain from taking advantage of hardworking individuals and instead disclose all relevant information upfront, allowing people to make informed decisions. If I had been informed about the three-month commitment, we wouldn't be in this situation now.

   

  
  

  Business Response

  Date: 29/08/2023

  Mr. *****, due to his schedule, has deliberately chosen the 3 months membership instead of the 10 months membership with 1x per week, and was thus even willing to pay a higher fee bi-weekly. The duration of the membership can be seen on our price list, even on the invoice enclosed by Mr. ***** it shows a 3 month membership. No one gives a company his bank information unless he wants to use the service. We ONLY offer memberships with a commitment of 3 or 10 months.
  
  
  First Mr. ***** claims to have signed only the waiver, now there were too many documents. As I said in my first reply, Mr. *****'s versions are constantly changing. At least now he admits to have signed the membership contract.
  
  
  How quickly someone reads a contract is up to each person. Maybe Mr. ***** just read over the membership quickly, because we actual told him all the important points like term, cancellation, pause, expiration of the workout credits. As we do in every sales conversation. Besides, we would not be obliged to mention this because every detail is written in the contract. The first thing you see on the membership contract you sign is the term. You don't even have to read through the entire contract to be aware of the term. Mr. ***** is responsible for what he signs.
  
  
   I believe that the request to pause the membership is proof that Mr. ***** has fully understood our policy and the membership contract.  I would also be really surprised how someone could miss the term of membership. As already mentioned, each member gets his membership immediately and automatically sent by email. The term of 3 months  is visible on our price list, on the membership to be signed, on the membership sent and on the payment statements. We can not make it more obvious. (See payment statement provided by Mr. *****). 
  
  
  Even if he does not have our invoices available, Mr. ***** could have easily traced the payments BestSecret on his bank account before he throws numbers in the room that are not even close to being correct. Especially when he requests a refund in an official complaint. 
  Please, find the invoices in the attachment.
  
  
  We have already informed Mr. ***** that it is not possible to cancel the contract before the end of the 3 months duration. Because of this, the membership fee was debited and we are entitled to it. This was answered in the chat conversation on the 21st. What should we answer to a statement about our opening hours? By the way, it was debit on the 22nd not on the 24th!
  
  
  If Mr. ***** thought he was getting special treatment because of the mutual contact, I have to disappoint him. We treat all our clients professionally the same. 
  
  
  Mr. ***** is not our only client. I wonder why he is the only one who supposedly did not understand our policy. Mr. ***** is working at a Ford dealership as pre-owned sales manager. So, he knows the sales process and what a contract and signature means. The excuse of not knowing what he signed cannot be held against us.
  
  
  The outstanding debts have been handed over to the debit collector. 
  
  
  Please, find attached, invoices paid by Mr. *****,  price list, contract