Gymnasium
Workout Anytime Orange ParkThis business is NOT BBB Accredited.
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Complaints
Customer Complaints Summary
- 2 total complaints in the last 3 years.
- 0 complaints closed in the last 12 months.
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Initial Complaint
Date:04/04/2023
Type:Service or Repair IssuesStatus: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.
07/15/2022 I signed up with a work promotion with ****** *** *** ****** to use a partner gym in my rea Work out Anytime ****** **** . I printed my sheet and took it to the gym on 7/16/2022 and told the rep what I had done and that i was bring my print out from ****** *** *** to finish sign up. I was given all my forms and they validated me. I had used the gym once and had been busy with work and had not gone back. I attempted to cancel with the gym and was told it was canceled. month later I got another charge Called the gym and was told I need to speak with the manager who was not available. Was told *** would get a note to call me. No call back. I was infor med to try to call her in the morning and we spoke she asked me to send all my info so she can investigate.. I found an old email in my work spam about the cancelation and attached that. I had included ****** *** *** customer service per their request. I attached my agreement with ****** *** *** for 7/15/22 as well and explaing I had found that Workout Anytime had signed me up for a direct membership vs finishing what was started with ****** *** ****. Billed as ABCWork out Anytime.. Active N fit billed me as ****** *** ***. I found this out by talking to my bank and having them look over charges. I was contacted by ********* Owner **** ******* *******************************.. He acted like he wanted to help me but argued with me via email. left 5 days no phone call or email. Tried to work things out with him and he said i needed to call ****** *** *** direct. Was very rude and saying its not his problem this happenedBusiness Response
Date: 04/05/2023
Tell us why here...
The responds to *** *********** ********* Better Business
Complaint ******** filed on April 4, 2023.
I am **** *******, the Owner of Workout Anytime.
It appears through correspondence with me and the complaint
that *** ******* filed, he has the following concerns:
- He believes he signed up with us via an Active and Fit Membership of which we receive payment directly from Active and Fit – not the Member
- He would like us to provide a full refund even though Active and Fit never compensated us and even though he signed up and was directly billed for his membership without complaint 7 times per the agreement he signed and did not acknowledge Active and Fit until 8 months later
Our
position:
- It was very clear *** ******* signed a Membership with us, was provided and initialed for monthly pricing to Workout Anytime, paid 7 times without mentioning Active and Fit with the Credit Card he provided at time of sign-up, and called to cancel this membership again without ever mentioning an Active and Fit Membership until March 2023
- Even though it is very clear he signed up for a Membership directly with us, I was prepared to work with *** ******* and simply asked him to first work with Active and Fit for a refund after verifying Active and Fit did not compensate us, so the refund should come from their end.
- Instead of simply trying to contact them, he refused, continued to blame us even though Active and Fit never replied to his email to them and our company while we responded immediately
- Also please note, if an Active and Fit Member uses the gym frequently, it is financially advantageous to the gym so there is no barrier to using Insurance for payments
Workout Anytime has lived up to
all of our contractual obligations, responded to his cancellation request,
waived a payment late fee and then responded same day when 8 months later he finally brought up Active and Fit. His dispute is with Active and Fit, not our company.Please see all attachments for a detailed history, Mr. Tretter's Signed Agreement, Successful PAyments from *** ******* with no calls for concern until one of his payments failed to process
Customer Answer
Date: 04/10/2023
[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]
Complaint: ********
I am rejecting this response because:
My Position
for the 100th time, I signed up Via a work promotion with
our Health insurance using ****** *** which partners with your GYM to provide clientele. I completed my billing and membership with them,
and the next day entered your facility in ****** ****, I in good faith handed
your rep my ****** *** paperwork, and explained everything. I assumed he was
following processes and getting me established with the ****** *** agreement. I
have provided you with this document and it was the day prior to being in your establishment.
I had been to your gym once. yes, It was months later that I decided to cancel
my membership. I had no billing issue with ****** ***, their policies are not
as aggressive.. I spoke with my bank
about the NSF Charge, and they explained the issue and the two gym charges
taking place. The standing issue is that you don’t seem to care that this has
happened and could happen to other members.
****** *** brought me into your establishment because I paid for a
membership with them, as a partner to use your facility. Your Staff didn’t follow this. Perhaps its a
training issue on your part. I just don’t
understand why you are blaming me for an issue that could have been prevented
if your staff would have followed thru, He could have called *** if he had questions,
he stated that isn’t his normal Gym and *** was not available. I am also
including email conversations along where you ccd the president of ****** ***.
You brought false hope of working with me and being snobby about things and pushing
blame off you. I have been respectful as
you have not. I surely hope you don’t
treat your normal clients this way and this information is for others who have
questions.. My short experience with you and your business isn't a positive one. ****** *** on the other hand has been excellent, they apologized up and down for my experience. I didnt ask them to accept blame or for a refund, but they reimbursed me 3 months and agreed with your behavior being snoody and pushy..Regards,
***** *******
Business Response
Date: 04/10/2023
I'm very sorry *** ******* is distraught
A few key facts reminders the detail previously provided which shows a consistent knowledge of his membership including paying without complaint for 7 months
- *** ******* signed up for the gym live in the club
- *** ******* signed or initialed 7 times concerning all the detail of his agreement INCLUDING pricing and his responsibilities
- *** ******* received a copy of his agreement
- *** ******* willing paid for his signed gym membership 7 times with no issues or complaints
- *** ******* was contacted by our billing company and the gym concerning his first past due payment
- *** ******* blocked the billing company phone, email and text abilities after receiving the contacts
- *** ******* asked the Gym Manager to Cancel his agreement and did not mention ****** *** *** in January 2023
- The gym was never reimbursed by ****** *** ***
- The very first time *** ******* mentioned ****** *** *** was in March 2023 - 9 months after signing up
- *** ******* is now asking for reimbursement from the gym and not ****** *** ***
Mr. ********* actions including 7 willing payments shows he understood his gym membership which we have honored completely and waived a late fee as a courtesy and he never expressed concerns. If he has a concern it is with ****** *** ***.
Initial Complaint
Date:09/19/2022
Type:Product IssuesStatus: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.
I signed up on July 23,2021 to the 24/7 workout anytime gym. I walked into the gym approximately three months after I tail sign up to cancel my membership. The lady told me that the paperwork would be all taking care of and I signed a key pad and was told it would be emailed to me. I assumed that everything was handled until I noticed last week they have been continuing to take money out the entire time. I went to my bank and got my statement to find out they they have been alternating the recurring payment date from the beginning to the end of the month and tacking on late fees every so often claiming that the payment was declined. When I got my bank statements I asked the teller when we sat down in her office if there was at any point in time when they took the payment if my account ever bounced for insufficient funds, the teller said no they got there payment every time they went for it. The GYM claims that is not the case and rudely told me to educate myself on the secret reasons the account would bounce. When I originally called to ask for the $61 they took as a yearly fee back they immediately starting getting hostile and didn’t not in any shape or form try to be forthcoming with basic info on who I need to contact for a refund. They would not call me or set up a meeting so we could sit down in person to come to an agreement. Instead they sent me a refund offer that had an NDA ATTACHED saying we will only give you $41 as a refund since you have to do a final payment when you cancel. I told the owner **** that I do not agree to the terms and would like my full $61 back that they took and explained numerous times that I physically went I there and canceled and they never sent me the paper work. When I originally called the lady would not give me her name or anybodies schedule nor contact information to speak with someone directly. She also lied about being a manager plus the owner spoke to me in the third person through texts and emails but never called or met.Business Response
Date: 09/19/2022
A complete overview is in the attachment "BBB ****** ********.
First and foremost, Mr. ****** was offered a complete refund of his contested $61.43 even though this was a contractually obligated fee. Initially it was to have the final contractual payment of $20.43 deducted, but since it was made, now stands at a full refund offered of $61.43
This refund IS STILL BEING OFFERED to him as long as he agrees to a non-disparagement clause since we are refunding monies he is contractually obligated to pay and he has been aggressive and threatening towards the Staff and disparaging towards me. We are offering him a refund as a customer service gesture and to be fair if he now wants to cancel.
Mr. ****** signed a contract which required cancellations be done in very specific methods. We received no cancellation request.
During the time Mr. ****** claims we was cancelled, he paid 11 monthly dues with no concerns and received many emails, texts and voice mail messages during each of the 5 times his payment was attempted but failed. Mr. ****** was alerted through billing and multiple communication methods that he had an active account with a billing issue.
Please find attached:
- BBB ****** ******** - The complete and detailed recap of the situation
- ****** Contract - The contract Mr. ****** signed and which was immediately provided to him via email and contains the clauses in question
- A****** Invoices - the detailed invoicing that occurred, failed payments, service fees and dates payments successfully processed
- ****** Emails - the complete email history to show how Mr. ****** was dealt with politely even though he was using disparaging tone and terms against me
I am pleased to meet with or discuss this in detail with anyone from your firm
Many thanks,
**** *******
Business Response
Date: 09/23/2022
Thank you for forwarding.
Based on Mr. ******** Contract he owes all monies which have been collected. This is detailed in the attached agreement and situation overview.
Even though this is proven as true, we have offered a full refund of $61.43 which we are not contractually obligated to offer as he agreed to pay this money.
This constitutes the rate fee and service fee for a failed payment. All we asked in return was a non-disparagement clause as he has been threatening in person and has admitted to disparaging our business and threatened to spread more inaccuracies based on his contractual obligations which were included in the email.
Mr. ****** told 3 different stories on what happened and how he cancelled which have all been proven inaccurate. He has contradicted facts verbally and in writing. All of this is documented in the emails. A perfect example is his stating he "signed on the keypad" for a cancellation which is absolutely not part of the functionality of the system. The software firm will state this if needed.
Mr. ****** paid 11 payments since he stated he cancelled (not following the instructions in his agreement) without a concern or contacting the gym or billing company until a service fee hit on his rate fee in September.
I still am offering a refund of $61.43 (which he has requested but is not owed) in exchange for the following clause:
Refund and non-disparagement agreement between Raymond ****** (Member) and Workout Anytime Orange Park
(Company):---------------------------------------------------------------------------------------------------------------------------------------------
Despite not following proper cancellation protocols nor responding to contact about your account, Company agrees to refund you $61.43 to thank you for your Membership
To receive this Mr. ****** will respond "I agree" to the following
- Member and Company agrees that no further monies are due beyond refund
- Additionally, Member will not, at any time make statements or representations, or otherwise communicate, directly or indirectly, online, in writing, orally, or otherwise, or take any action which may, directly or indirectly, disparage Company or any of its subsidiaries or affiliates or their respective officers, employees, businesses or reputations.
- If Member agrees but then breeches the non-disparagement clause, the fee of $61.43 plus interest and all associated legal fees will be due by Member.He is getting a refund which is not owed to him to simply agree to this clause which is standard in business when one is receiving a complimentary/unowed refund
Customer Answer
Date: 09/26/2022
[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]
Complaint: ********
I am rejecting this response because: I don’t understand how your going to say that I contradict my self considering I said that ******* told me on the phone and in person that I was canceled before she walked away or hung up on me. Just because I generalized about the gym using the word Anytime fitness not thinking there was a gym with that name negates the fact that even when I did make sure it was your gym the complaints were the same. It was a year ago so I said on the phone I may have signed. You said in an email I paid 14 payments and now you say 11? Hmm contradictory…….I believe so Mr.****!
Regards,
******* ******
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