Complaints

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• Initial Complaint

  Date:02/03/2023

  Type:Product 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.

  In November I decided to cancel the membership I had with the fitness center and at the time I thought I would just down grade to the lower level package. I completed a cancellation form and on the form there are 12 different cancellation options. I chose at the time downgrade to Basic and was told I needed to sign a new contract for the new basic package. I was never told if I decided not to sign the new contract that i needed to tell anyone that I wanted to fully cancel. I went home and decided I didn't want to go at all anymore and assumed because I signed the cancellation form more than 30 days prior to the next payment date, which is their rule, and because I did not sign a new contract that the package would be cancelled. The fitness center continued to charge me for the new package for 2 months even though there is no signed contract and when contacted said that even though I didn't sign the new contract I indicated I was downgrading on the cancelation and therefor they have the right to continue charging me. They are refusing to refund my money even though I haven't been to the center since cancelling and they have no contract authorizing the charges they are making.

  Business Response

  Date: 03/03/2023

  On Nov 29, 2022, the complainant attended the studio for a
  class and filled out a form to downgrade her membership from Elite to Basic.
  The complainant attended the 7 following classes after the
  paperwork was filled out:

  
  2022-12-02 8:15 am-9:15 am
  2022-12-08 430 pm-5:30 pm
  2022-12-10 8:15 am-9:15 am
  2022-12-17 7:00 am-8:00 am
  2022-12-20 4:30 pm-5:30 pm
  2022-12-22 4:30 pm-5:30 pm
  2023-01-05 4:30 pm-5:30 pm
  

  At no time while being
  at the studio for the 7 classes, did the complaint advise any staff that she
  had decided to cancel her membership as oppose to downgrading it.
  

  Furthermore on December 28th, 2022 at 10:20 am
  ********* ******* **** *********** contacted the complainant for her 60 day
  follow up.
  All members at Orangetheory Fitness Peterborough are
  contacted when they have been a member with us for 7 days, 21 days, 30 days and
  60 days. These calls are done to check in with the member and see if there is
  anything we can do to approve on their experience at the gym, as well as to
  celebrate their successes and milestones.
  
  Below is a summary of the call made to the complainant from the
  ********* ******* **** on December 28th, 2022 at 10:20 am.
  

  -length of call 1minute 25 seconds
  -Spoke about her Christmas with her family and how she was just up at the cottage.
  -**** let the complainant know that she had been a member with us for just over 2 months now.
  -**** congratulated the complainant for getting her classes booked in.
  -**** let the complainant know that if at any point she had any feedback for us or if she wanted to bring a friend to class with her to let us know at the front desk and we would be happy to help.
  -The complainant advised **** that she was going to see what she had going on in the next few days because she really wanted to get in for a workout.
  
  No phone calls were received from the complainant about
  wanting to cancel her membership. Nor did the complainant mention wanting to
  cancel to **** during the phone call when **** was checking in regarding her
  membership.
  

  On February 23rd, 2023 at 4:44 pm, the complainant
  contacted the studio and spoke with Member Associate **** ******.
  Below is a summary of the call:

  
  -Call length 2minutes and 34 seconds
  -The complainant let **** know that she had filled out a form to downgrade her membership but she then went home and decided to just cancel.
  -The complainant advised that her final month was supposed to be in January but that she has been charged for the past two months.
  -**** advised the complainant that she would have a manager call her back.
  
  On February 28th, 2023 at 12:33 pm, Assistant
  Manager **** *********** left a voicemail for the complainant.
  

  -Length of voicemail 1 minutes and 7 seconds
  -**** advised that we don’t have a record of the complainants cancellation and to just give us a call back so that we can clarify the situation.
  
  On February 28th, 2023 at 12:38, the complainant returned
  ****’s call.
  

  -Length of call 5 minutes and 16 seconds
  -The complainant advised that she filled out a cancellation form with ****** and believes that it was in the first week of December.
  -The complainant advised that at the time she did not opt to cancel and that she was just going to downgrade to the lower package.
  -The complainant advised that ****** sent her the contract for the lower package and that she spoke to her husband and decided that she was just going to cancel.
  -The complainant acknowledges on the call that she did not speak to any staff after filling out the downgrade form to let them know that she decided to just cancel.
  -The complainant advised **** that we had no right to charge her and that she would need a manager to call her back because she will need a refund.
  -**** advised the complainant that she is on the management team but that she would have the owner call her when she was in next.
  -The complainant told **** she had to go and that she would need to speak to the owner.
  
  On March 1, 2023 (the very next morning) the studio received
  the complaint for the ****** ******** ******. Which left the owner no time to
  call the complainant and resolve the issue.
  This issue could have been very easily resolved. We are a
  community gym that prioritizes the needs of our members.
  The complainant would have been sent a cancellation form for
  her membership. To ensure that no further payments went through. Furthermore,
  the 2 months that the complainant is upset about paying for, would have been refunded
  to her account so that she would have been able to use those sessions whenever it
  was convenient for her.

  The complainant and the owner have spoken on the phone in the past. At which time the complainant expressed an interest at possibly working as a Coach at our studio one day. The owner was excited about the possibility of this and is quite surprised that the complainant would not have allowed the owner the opportunity to resolve this issue. 

  Customer Answer

  Date: 07/03/2023

  
  
  Complaint: 19514524
  
  
  
  I am rejecting this response because:I believe I am entitled a full refund to my credit card for the funds taken. I have not been to the facility 1 time during the time the payments were taken and don't plan to return any time soon. The measures taken contacting the *** is due to the fact that I did speak to **** who did indicate she was a part of the management staff and who also indicated that she had spoken to the owner and that the direction of no refund being provided was coming from her. Never once did **** offer to send a form to ensure no more fees would be charged instead, I got an email stating per ***** the owner there was nothing they could do because I signed a downgrade. The form I signed however is titles a cancellation form. When I filled it out, I was never told if I decided not to sign the new contract that I had to change the form by ticking another box. I cancelled the only contract that I had with this establishment, and I never signed a new contract. ****** indicated to start the new lower membership a contract was required; it was sent, and I never signed or returned it. Had she specified that even if I didn't complete the contract, I would be charged I would have said something when in. Also, never once over the past 2 months did anyone try to follow up and ask why I didn't return the contract or why I wasn't attending even 1 single class when they were continuing to charge me. I find this extremely interesting as when I was attending the gym, I was getting regular calls as you can see through the communication. In addition, while many of the calls were very casual and I didn't provide much feedback it is due to the fact that on more than one occasion, once on the phone with ***** and more than once in person I spoke to several staff at the facility about my concerns with the pricing. I would simply like a refund and for no further charges to be made without authorization to my credit card. 

  
  
  
  Sincerely,
  
  *** *******