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:05/18/2023

  Type:Order 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.

  ** July, I requested my account be placed on hold for an upcoming surgery. The front desk attendant was unable to assist properly and assured me it was done. Surgery complications arose, extending my absence much longer than the estimated 12 weeks.When I returned on 4/13/23, **** (front desk) helped me switch to Active&Fit but informed me of a balance of over $300. She claimed it was due to missing documentation, although I was never asked for any when placing the account on hold.I promptly emailed the required documents on 4/25/23 and received no response. I followed up on 5/4/23, but still no reply. Contacted the gym on 5/13/23, and spoke to an inexperienced employee who suggested calling back next week. Left a voicemail on 5/16/23.On 5/17/23, Art (possibly the owner) called back rudely. He insisted I had only requested a 12-week hold and that the balance remained unpaid without receiving my doctor's note. I was never informed to provide any documentation. The contract specifies "IF A FREEZE IS APPROVED AND REQUIRED DOCUMENTATION IS RECEIVED," but not what documents are required at the time of the hold. I am willing to pay the $10 monthly fee as stated in the contract but refuse to pay an inflated balance due to staff training issues.Additionally, my Active&Fit membership was not set ** correctly, resulting in incorrect debit card charges of $34 monthly. This violates the contract terms.I am dissatisfied with the services and professionalism provided and request the following resolutions:Ive attached the contract with the gym which states info about account freezes and insurance (Active&Fit) swap overs as well as the doctor's note. I was placed into an 8 week pre-surgery quarantine which is why i placed my account on hold in July. Happy to provide emails or call records to the gym if needed.

  Business Response

  Date: 05/18/2023

  Our response is too lengthy, please see attached uploads.

  We completely understand that people live paycheck to paycheck. So do we as small business owners. We try to make sure that our clients are taken care of. We try to avoid all possible penalty charges such as late fees and NSF fees that are in our control to do so. You will notice that we charged the client none of those things. We are bound by contractual obligations to our contract company. They own the software and the contracts, we do the work and provide the services to our clients. We cannot manufacture drs notes or other requested documents. We receive those documents from our clients in many different ways. We get them by fax, email, Snail Mail, and hand delivered. Once they reach **, they get scanned and uploaded into the system. It is from there that decisions are made. We have some input, where we can plead cases, but only after submitting the documentation requested. 

  Because this was an elective plastic surgery, there should have been ample time in which to receive/retrieve the required documents. The Clients responsibility was not met. She had time to make a go fund me page to raise monies, so there should have been time to get the proper documents. Our staff will testify to the fact that they went through the requirements and the client was aware of such. 

  Customer Answer

  Date: 05/21/2023

   
  Complaint: 20072728
  
  I am rejecting this response because:
  *Response is too long, see attachment for the remainder of the response.*
  
  When I spoke to Art on the phone, he wasn't willing to assist me, and the conversation ended shortly after he mentioned that the $306 balance was due. Not long after that, I received an email from someone named Honey Richardson, saying, "We pulled some strings, and the contract company accepted the doctor's note for an 8-month freeze, but ONLY for the dates between 8/16/2022 - 05/01/2023."
  
  While this is great, it's shocking to me that these strings were conveniently pulled only after I left unsatisfactory reviews on ****** and Yelp. Art could have said he would look into it and get back to me, but instead, he dug his heels in and showed no interest in assisting with the situation caused by his employee back in July 2022.
  
  Regarding the "response from the owner" on ******, he went as far as using continued unprofessional language, stating, "Using a review system to skirt around your responsibilities and then to try and blame the staff for your inaction is not a proper avenue to address your grievances. It is akin to someone throwing a temper tantrum." This all stems from not being informed that additional information or documentation was required when my account was put on hold in July.
  
  
  

  Business Response

  Date: 05/22/2023

  There is no other resolution that can be offered. The balance owing is what was able to be obtained through ********** contract company. We cannot do anything else in regards to that. The balance owing for the Freeze fees at this time and location are the $10 per month for the time frame set forth through the DR's note. $80 is due and payable in order to clear the past due balance, therefore, making the client eligible to use the Active & Fit membership. There may be other facilities that accept that program she may go to as well. This will still be due and payable. 

  H.R. works behind the scenes with the contracting company directly. Due to severe Medical issues and multiple surgeries, she has been unable to perform much of these duties over the past few months. Ongoing treatments make the schedule unpredictable at best. That is why things don't get done at the snap of a finger on the end of the contract company. It is a game of finesse when you are dealing with large corporations and you are just a small business. We take what we can get and our thankful any additional concessions they allow us. 

  A.R. was following protocol on what can be done. This has never happened for anyone else prior so there was no precedent to even know we could offer this option. 

  Customer Answer

  Date: 05/22/2023

   
  Complaint: 20072728
  
  I am rejecting this response. If there is no further solution that can be offered it shows you have no proof to back up your end of the situation. After reading through the contract yet again I see Membership may be canceled (without the aforementioned administrative fees) for total disability or for permanent relocation greater than SIXTY (60) miles from ********* the acceptable proof is REQUIRED. My new address in Aurora according to ****** maps is 113 miles from Elite Family Fitness.

  So, before we go through this again due to lack of details in your contract I need to know EXACTLY how this is accomplished.

  1. How do I need to submit my notice of cancellation?

  2. What exactly is acceptable proof and where do I send this?

  3. How quickly is my contract canceled after providing this notice and proof?

  4. What fees or additional balances (not including the $80 from freeze fees that I will be paying) will be owed or charged upon cancellation?
  
  
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