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:09/06/2024

  Type:Service or Repair 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.

  On September 1, 2024, I was at the Sebastion Gym and Fitness Center doing my work out. I was partaking in a private conversation with 2 other members of the gym. When I got home the owner ***** Disepolo called me and was mad because he did not like the things that were said in our private conversation. He revoked my membership because of what he heard from eavesdropping. I consider this a complete violation of my rights and am looking into further filings.

  Business Response

  Date: 10/08/2024

  Mr. ********** was not terminated from the gym for his conversation.  Mr. ********** was terminated for kicking the plastic seat back of a machine, in an attempt to change the position of the seat.  I was informed by another member of the incident and upon reviewing the security video, I saw Mr. ********** having a conversation with another member that my new equiipment was "garbage" and when they could not figure out how to move the seat adjustment, he started kicking the plastic seat back of the machine.  I attempted to call Mr. ********** to discuss the incident but was unable to contact him that day.

  The next day I was again informed by a member that Mr. ********** was engaged in a conversation about "When the new gym in town is opening?", How nasty the manager of the gym is and how it probably rubs off from the owners (my wife and I)".  They continued their conversation questioning how they could have my business shut down by calling state agencies for not meeting state requirements.  

  That day I contacted Mr. ********** and spoke to him about the incident and his statements.  He admitted to kicking the machine and stated that when the new gym opens, he will be leaving the gym.

  Taking Mr. ************ actions of kicking the machine and leaving when the new gym opens, I did not feel that he would not continue to abuse or attempt to break the equipment so he was terminated.

  Signs are posted throughout the facility stating that we use both video and audio surveillance for security purposes within and around the facility.  It is also stated throughout the facility not to abuse the equipment.  Section 1, Item 4 of the contract, states that violating the rules of the gym will result in termination of you membership without refund.

  I have attached pictures of Mr. ********** kicking the machine, several pictures of the camera audio/video notifications around the gym and a copy of our policy stated on our website in regards to audio/video security surveillance being used at the gym.

  At this point, Mr. ********** has reported me to the ************* of Agriculture and Consumer Affairs and the case was closed the same day I responded.  Mr. ********** is taking me to small claims court for his refund and has now reported me to the BBB.  *********************** has every right to report me to whoever  he wants,  I have spoken to my legal council and have signed statements from members regarding Mr. ************ ongoing statements and lies in regard to my business.  My legal council feels that Mr. ************ actions are more than just harrassment but are Defermation of Character of a Business and Product Degradation and we are looking into legal action against him once we win in small claims court.

   

  Customer Answer

  Date: 10/09/2024

   
  Complaint: 22249321
  
  I am rejecting this response because: I to have consulted legal counsel also. I to have witnesses that are coming out of the woodwork to go to court with me. He has stated to members of the gym that he knows the owner of the other gym and is going to get us removed from that gym. In regard to the signs, I have witnesses coming forward to state when they were put up. In regard to kicking the machine, It was not done with the intent of damaging it, It was in attempt to fix it. The machine should have been taken out of service because it was missing the ball on the end of the stem that you have to pull on to change the seat height. I have witnesses to that also. I am a disabled vet so I will be represented by VA legal counsel.
  Sincerely,
  
  *** **********

  Business Response

  Date: 10/23/2024

  What the complainant is stating is nonsense or hearsay.  I have not discussed this issue with anyone.  The signs have always been there and the policy is posted on the website and in the contract.  The machine he is referring to was not missing the adjustment ****, the complainant just failed to read he directions or ask for assistance.  Kicking a piece of my property is not warranted in any situation.  The complainant has filed with small claims court and we will settle it there.  The video i have of him kicking the machine tells a different story than what he is stating.

• Initial Complaint

  Date:05/11/2023

  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.

  Business owner fraudulently terminated contract without just cause (I did Not violate Any Gym Rule, Policy or Procedure).and without returning/refunding the upfront entrance fee. Owner made false claims for termination based on gossip, slander and false accusations, and I caused NO personal/property damage or loss of business. Request Sebastian Fitness owner return the monthly AND initial entrance fees ASAP.

  Business Response

  Date: 05/18/2023

  In the 8 years that I have owned Sebastian Gym & Fitness I have had to speak to ******************, not less than 5-6 times, regarding unwanted statements and advances toward female members and underage female staff at the facility. I have collected 3 signed statements from female members and 3 signed statements from female employees that are 16 -17 years old.  I have attached ******************** contract but, I will not attach the complaints to this response because the members names are on the statements.  

  When I purchased this gym, the prior owner gave me a heads up, specifically about ******************, explaining that he is known as the "Creeper" at the gym.  The first time I had to speak to ****************** about harassing women at the gym, was a few years ago and that night he post a 3 star review on ******** stating "take it or leave it, you are watched by the owners and that the gym used to be a better place".  I spoke to ****************** about this unfair review and the fact that the only reason he wrote it was because I had spoken to him about unwelcome advances toward women at the gym.  ****************** changed his review to a 4 star review that night because he knew then that he was wrong.

  Every year to 18 months I have to speak to ******************, who is a married man, about his unwelcome comments and flirtatious behavior at the facility. Approx. 2 years ago I had to speak to him regarding comments he was making to one of my 17 year female employees.  I watched ****************** go out of his way to say something to this employee.  Knowing that he had been harassing her, I asked her what he said and she told me he said "your eyes are twinkling".  I immediately went to ****************** and told him "I have spoken to you before about your actions.  Make this the last time you ever speak to her.  Just stay away from her.  And so you know, her father knows what is going on and he has told me he is going to deal with you personally.  I told her father that I will handle it.  Consider yourself lucky"

  As recently as 3 months ago, I had to speak to ****************** again about his actions toward a female member at the gym.  I advised him then that this will be the last time I speak to him and if there is another incident I am terminating his membership.  

  2 weeks ago, I had 3 female employees, all ***** years old, working the front desk.  ****************** went to them and stated "three 17 year olds are better than one 50 year old".  The employees advised my gym manager and I about this comment.  I told my gym manager to speak to him about this comment.  Upon her speaking to ******************, he became irate, stating that this is slander and that we will hear from his attorney.  The next day my manager advised me about their conversation and I told her to call him and explain to him that he is no longer welcome at the facility.

  ****************** states that he has not "broken any gym rules" and "has not caused a loss of business" but he did break the rules.  ****************** broke rules of life where you do not harass women or make unwelcome comments. This is a harassment free facility, the same as any fitness facility should be.  Sexual harassment is not welcome here.  Also, with ********************** track record, that I know about here at the gym, I could assume that his unwelcome advances toward women at the gym has scared away countless members causing a loss of business for me. 

  For violation of contract, please refer to Section 1, Item 6, Violations.

  To sum this up, ****************** is lucky that the women who signed the complaints or I, did not call the police and file charges against him.

   

  Customer Answer

  Date: 05/19/2023

   
  Complaint: 20048462
  
  I am rejecting this response because: Another display of owners Arrogance and Narcissism. He failed to collect any FACTS and based POOR decisions on SLANDER, HERSAY, FALSE testimony, JUDGEMENTAL behavior and PERSONAL Jealousy for those who achieved greater things in life. Owner lives in fantasy world and needs to get right with GOD so he can hear with ears to hear and hear the voice of ***** clearly...before he is judged as he judges others. So glad to be done with satan's workers in that gym that only spew hatred, judgement and FALSE testimony.

  I have met many former members at another local gym that share many similar stories such as mine, so Sebastian Gym needs to learn, ask for FORGIVENESS, REPENT and GROW UP!

  Just make sure they refund what is required and NEVER charge again or an attorney will be contacted ASAP.
  
  Sincerely,
  
  *************************

• Initial Complaint

  Date:05/02/2023

  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.

  I signed up to join the gym in December of 2022. I was told I would be given a copy of the contract via email after signing up and never did. I was verbally briefed on the items that were asked for my initial, asked for payment information, and that was it. My husband is getting me a home gym, and I no longer need membership at this business. I emailed the owner twice to ask how to cancel my membership, and there was no reply. When I went in to the business to cancel, I filled out a one page form, turned in my barcode entry key, and was told I would hear back from them on Monday. I had to still ask them to reach out to me to discuss cancellation. When they did, ***** was incredibly rude, unable to understand the situation, and stated that they wouldve collecting my membership fees through December. I would prefer to not pay any more membership dues, as I will no longer need to use the services they provide. I would also like a guarantee that they are cancelling my membership in writing, and that they will no longer be drafting monthly payments from my card

  Customer Answer

  Date: 05/02/2023

  *****************;

  ********** 

  Business Response

  Date: 05/12/2023

  I have attached a copy of **********' contract.  The fact that Mrs. *** purchases a home gym and no longer requires our services does not void our contract in any way.  Mrs. *** emailed me twice in the same day regarding cancelling her contract and unfortunately, I did not see or have time to look at emails that day.  She proceeded to come into the fitness center and fill out a "Request to Cancel or Non renew" form and gave her key fob to a member of my front desk staff, stating "I will not need this any longer". My staff did take the key fob, because my staff is trained not to be confrontational with members and if problems occur, refer them to management.  This all transpired on a Friday afternoon and on Monday morning Mrs. *** was calling to confirm that her membership was going to be cancelled.  My manager explained that, her buying a home gym, does not meet the criteria for early cancellation of a contract.  Mrs. *** did not like or understand this answer and was frustrated.  She made 3 phone calls to my manager, *****, and on the last call *************** mouth was filthy and rude.  I am not allowed to state what she said according to your criteria.

  A short time later ***** received 2 phone calls from Mrs. *** husband, who again, did not understand why we will not "just cancel the contract".  

  I called Mr. *** the next day and we had a conversation and again, although he told me he "works with contracts everyday" he did not understand why we would not let her out of the contract.  I went on a personal level that I really did not need to explain to him but I did explain to Mr. *** that my billing company expects to make a certain amount of money for each membership I sign up and if I cancel the contract early, for reasons not in the contract, I am responsible for the money owed to them.  I further explained that I would contact the billing company and try to work something out and although I have contacted them and could have helped, I no longer feel the need to make an effort to help the ***** and incur a fee in doing so.