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:02/06/2023

  Type:Billing 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.

  Purchased 4 sessions with this club. Only used 3, they deleted the fourth session without notice and are now constantly harassing me by phone and email to collect payment for another 4 sessions. Threating to report me to collections, if I do not pay immediately.
  
  I signed up for a beginner level class once a week, as I am overweight. However, during each of the 3 classes I attended the instructor was displeased with me and continually suggested that I take another class or increase my membership to unlimited or take my classes in a room alone. Calling me out in class making me uncomfortable, embarrassed, to attend further classes. Aware that I was having trouble keeping up, the instructor only increased the pace and difficultly. The 3rd class suddenly became co-ed, which made me feel even more self-conscious and embarred. At no time had I been advised these classes were co-ed. It was my belief this was an all-women's club as you lay on your back with your legs in the air most of the time.
  
  I paid for sessions with this club and then was shamed for my physical abilities, and told I was not good enough for the beginner's class and should pay more. They sold me classes that they had no intention of providing to me on a beginner level. Only pushing for me to pay more.
  
  I would like the cost of the 4th class they deleted from my account to be refunded and for the harassment for more money to stop. Their facility is no place for a fat person, even if they are trying to lose weight. I refuse to pay money to be humiliated and shamed for trying to do better. This club is no place for me, and I simply refuse to pay to be publicly humiliated and embarrassed. It is clear they had no intention of providing services, but only to collect money on auto renew. ****** ******** ** ******** ********* intended to result in financial or personal gain.
  
  .

  Business Response

  Date: 02/13/2023

  Club Pilates Malabu Lexington 148 Malabu Drive #170 Lexington, KY 40503 February 10, 2023 RE: Claim ID# ********

   

  *** ******, Thank you for taking the time to speak with the local Club Pilates owner and myself in regard to ***** ****** recent statement. We are new to this and want to make sure we rectify any miscommunication and address each claim. First and foremost, we apologize this situation escalated to the BBB as we never received any communication from *** **** regarding her concerns. We would have welcomed the opportunity to discuss these issues with Ms. Land. At Club Pilates, our objective is to provide a positive work-out experience with a sense of community that is inclusive of everyone - no matter their age or fitness level – beginner or advanced athlete. Our moto worldwide is “Pilates is for everyBODY”. We would never want anyone to feel anything less than encouraged at our studio. Attached are several documents to address the concerns *** **** stated in her claim. Claim #1: “They deleted the fourth session without notice and are now constantly harassing me by phone and email to collect payment for another 4 sessions.” Please see the attached named documents for reference: 1. ***** **** Full Membership Agreement – this document clearly states a 3-month membership with a written notice of cancellation at least 30-days prior to the end of the initial term. If the membership is cancelled within the initial term, it would result in an early termination fee of $100. It also states class credits expire on a monthly basis and future credits can only be booked when new credits are available. In another words, class credits do not rollover to the next month and expire 30 days from the initial draft. Our records indicate a copy the membership agreement was emailed to *** **** on December 13, 2023, at the time of her sign-up. 2. ***** **** New Member Studio Policy Agreement Signed – this is an abbreviated version of the membership agreement reviewed with each member at time of sign up. It includes answers to most frequently asked questions and was implemented shortly after we opened to provide additional clarity to members. Essentially, our goal is complete transparency, and it describes the Membership Agreement in layman terms. 3. ***** **** Call Log – this detailed call log notes exactly when contact was made or attempted to be made with our member. We never received any phone calls from the claimant, ***** ***** 4. ***** **** Text Log #1-#5 – this is also a detailed text log of any communication we’ve had with our members. Please note a lack of response by the claimant, ***** ***** 5. ***** **** Emails - received about past due balance & were auto generated. We strive to prevent PDC or 3rd party collection interaction with members – hence the 3 phone calls and texts ***** received from our studio when her second month draft would not go through. Once an account goes beyond 10 days past due, members receive a $20 late fee and the account transitions to PDC (Past Due Communications), a service that is not local. PDC reaches out consistently via email, phone, and text with a friendly low-pressure approach. If you reference the attachment “***** **** Call Log” you will see the first time PDC reached out to her by **** ****** * 01/31/23 6:08 PM - got voicemail - left a message. Claim #2: “Being called out and embarrassed in class.” During each class, it is the instructor’s responsibility to ensure the safety of all members which oftentimes, requires corrections and or modifications addressed directly to the class participant who may be doing something deemed unsafe. All instructors are held to this, and we must carry liability insurance for this exact reason. It is never anyone’s intention to embarrass a member. If members are unable to keep up in class or have certain limitations or injuries, we often encourage them to take private training sessions for their safety. Private training provides the member with an opportunity to focus on their specific challenges, get better acclimated with the equipment and become more confident. We offer both private training & group classes to accommodate all needs. Please see attached named documents to address these claims: 1. ***** **** Member Info, Medical Check, and overall GOAL with Pilates – this is the information provided to us by *** **** before coming in for an intro class (intro classes are for all people new to Pilates.) 2. ***** **** Class Booking Log – this shows a complete record of all classes attended by *****. In August 2020, she completed a complimentary one on one private training assessment before starting classes in our studio in December 2022. The 3 most recent dates (the classes being referred to in this complaint) were all with the exact same instructor. If we had been made aware of this situation; we would have been able to provide suggestions for another instructor. Our instructor staff consists of 12 people. Each instructor has their own specialized teaching style and pace – and we often match our members with instructors best suited for their needs. Now that we are aware of how uncomfortable *** **** felt in ********* classes – we can have a conversation with that instructor. Unfortunately, we don’t know about issues unless they are brought to our attention. 3. At Club Pilates, we understand people come in all shapes and sizes, and Pilates has modifications for every type of body. There’s nothing more gratifying than to see our members reach their goals and be a part of their fitness journey! Claim #3: Belief of “co-ed class … an all-women’s club … as you lay on your back with your legs in the air…” 1. As stated previously – Pilates is for everyBODY, and Club Pilates is for everybody. Aside from Pilates being invented by a man ******* ******** for men returning home from war to rehabilitate, our social media pages and website show that we have we a variety of members – all shapes, sizes, ages, colors, and gender. We do not discriminate, and this concern was again never addressed with us. 2. Referring to the dates *** **** took classes, we can confirm that on December 16th, our owner, a male, was working the front desk. Also, the 3rd class she took on December 30th included one of our front desk employees, a male. On more than one occasion at our studio, she would have encountered a male. If this was an initial concern – we were not made aware and would have quickly made it known that our doors are open to all individuals – regardless of gender. Please see the attachment for reference “***** **** Co-ed Class with Male Staff Member.” 3. Not only do we have male members, but our website also shows that we have a male instructor. 4. We encourage all members to wear athletic pants or leggings and a shirt they feel most comfortable in. There are some Pilates exercises where your legs are in the air, and we firmly believe our members and instructors act with integrity and professionalism. In addition, our reformers are over 6 feet apart and staggered so no one on the opposite side has a direct view of the other person. Members are there to grow in movement, to become healthier, and to feel good overall… we’ve never had a complaint about men in the studio. Had we been made aware that this was a concern of *** ******, we could have easily addressed. Claim #4: “Fraud: ******** ** ******** ********* intended to result in financial or personal gain.” 1. Our actions to collect payment from *** **** is a routine job duty once a member goes into “Past Due.” 2. We acted in accordance with the agreement and the attached “***** **** New Member Studio Policy Agreement.” 3. The lack of returned calls or text messages from *** **** made it extremely difficult to protect her from the PDC calls she received. 4. If you reference “***** **** member NOTES” you can see where we cancelled *** ****** membership with no penalty. This was done at 10:52 AM on 2/8/23. We received the BBB letter at approximately 12:45 PM on 2/8/23 and spoke with you at approximately 1:30 PM on the same day. I have also attached a copy of her payments with us that shows how the remaining portion of her agreement was cancelled out of a one time courtesy. Please reference ***** **** Invoices, Payments, and Cancellation Invoice. 5. Club Pilates is a boutique fitness studio, and we are here to help the Lexington community become stronger, healthier, more confident, and move better. As a small business, member satisfaction is imperative to our success and is reflected on our social media platforms and through member testimonials/milestones. We are in business to help others, not to criminally deceive others for financial gain. It’s unfortunate that we were not given the opportunity to discuss these matters directly with *** **** prior to this complaint. We do apologize for any confusion that she may have experienced. In good faith, we proactively cancelled her membership – waived the early cancellation fee of $100 and removed all late fees associated with her account. By making these adjustments, she has been removed from future PDC communications. Please let us know if you have any questions. Thanks for your help and attention to this matter.

   

  Best, ******* ***** General Manager, Club Pilates Malabu Lexington ***************************