ComplaintsforX-Zact Fitness

• Initial Complaint

  03/02/2023

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  In mid-October 2022, I responded to an Instagram ad about a FREE 6-week fitness challenge from this business. On 10/20/22, I got on a call with the owner, ***********************. **** said that he was setting up a new business and wanted to get client testimonials for his fitness program. He then asked me for $600 as an "accountability deposit". He explained that even though the program is free, he wants to keep his clients honest with this "accountability deposit". He talked about how he's just going to hold this deposit to make sure I complete the program. But that there would be no contract or signatures exchanged for this deposit. In good faith, I signed up with **** over phone thinking this would be additional motivation for me to complete his program. As things panned out, I was out of a job even before the program began the following week. I had to shift my priorities and asked **** to return my "accountability deposit" as I wouldn't be able to start the program. **** refused.After 2-3 phone conversations, **** asked me come and do an evaluation. Again, in good faith I went to meet him December hoping an in-person meeting would help me get my deposit back. Again, he refused but talked about meal plans and supplements he can offer for additional costs. Seeing that **** was refusing to return my money, I made it to one of his sessions. But the job situation just didn't allow me to the time to undertake his program.Again on a phone call, I explained to **** that I needed to focus on my job. And that if he didn't want to return my money, I'd be happy to get $600 worth of his meal service and supplements. **** refused. I then proceeded to offer him a testimonial praising his business ethics if he returned at least half my money. He refused all of these compromises.**** has violated a good faith agreement, ran a false advertisement, didn't make a signed contract, and refused to compromise. Unethical and predatory.ps: atchd Insta ad is similar but not this biz

  Business response

  03/03/2023

  Hello,

  We offer a 6 week challenge where clients can earn the program for free. When ***** showed interest we held a consultation where we clearly went over expectations for earning the program for free. In order to get his money back he had to meet our weight loss requirements or he could use his money toward any other service after the initial 6 weeks. Upon knowing this info he willingly placed a deposit of 599. After entering into the agreement he began the program and using our services. After a few months he messaged management and said he wanted his money back because he didn't want to come anymore. After debating back and forth he agreed that he would just do an other 6 weeks to use his deposit. So at this point we gave ***** over 3 months of access to our facility. Then after using our services again for another 2 months he called demanding he get a refund because he felt he couldn't make the workouts as much as we would have wanted. No where in any of our contracts does it say this is an option. ***** knowingly entered into our program fully aware of how it worked. He used our services off and on for over 6 months and is now threatening us with reporting us to the BBB. We do not take lightly threats from people. So ***** at the end of the day has no one else to blame but himself. If needed we can send over a copy of the contract we use at the time of his start date. Unfortunately, of course ***** never signed our contact, but we do have text confirmations of him confirming he knew of the expectations. We will gladly provide those if needed. For us, we have learned to never trust people no matter how kind they seem. ***** has been trying to take advantage of us being a small family owned business. We trusted him and never had him complete the contract despite our own better judgement. Oops. We wish Rishi the best and wish things could have been different. You can take a look at anyone of the 100s of others who have been nothing but grateful for us and what we offer. President of X-Zact Fitness, ****

  Customer response

  03/03/2023

   
  Complaint: 19528324
  
  I am rejecting this response because:

   

  **** is lying. There was no mention of a contract ever. In fact, he didn't even ask me to sign anything when I met him. The offer was never positioned as "earn" free. What was told to me was **** was starting a small local business and needed the deposit for expenses and not profits. There was no concept of "finish the program and get the money back". In any case, that point is moot because I could never make the program. 

   

  I'm sharing copies of initial text messages upon sign up- no contract or "Earn the free program" is mentioned.  Next, I'd like to point the other lies in ****'s response

   

  - "After entering into the agreement he began the program and using our services."

  Response: I have been to their facilities two times in total- once for an in person meet with **** for an evaluation and once for a work out session. That is not "use of services".

  - "After debating back and forth he agreed that he would just do an other 6 weeks to use his deposit. So at this point we gave ***** over 3 months of access to our facility. Then after using our services again for another 2 months he called demanding he get a refund because he felt he couldn't make the workouts as much as we would have wanted."

   

  Response: Another lie, see the text messages. Demand for refund was well before I made it to any of the sessions or started "using services". This could've ended if **** had just returned my money before me starting the program.  After **** refused to give my money back, I tried to meet in person and try if I could get some value. But due to my job situation I couldn't. I again asked for money back. There is no "using our services again after 2 months". Like I said, I've been to their facilities exactly two times since Oct 2022. In fact due to my job situation, I had to leave the area briefly.

   - "No where in any of our contracts does it say this is an option. ***** knowingly entered into our program fully aware of how it worked.

  Response: Absolutely not- I was never talked through or given this "contract" in writing. It was always positioned as "accountability deposit" is a motivating force and the money is for "expenses of running a small business". 

   

  - "He used our services off and on for over 6 months and is now threatening us with reporting us to the BBB."

  Response:Lies, again I've been to their premises two times and have never consulted their coaches or used anything from whatever they have to offer. I've been seeking compromise- meals and supplements of equal value or even 50% of my money back. But **** has refused any kind of compromise. **** leaves me with no option but to appeal to BBB.
  

   

  -  "If needed we can send over a copy of the contract we use at the time of his start date"

  Response: There has never been mention of any contract. I got two welcome emails from this business, there was no attached contract. 

   

  - "Unfortunately, of course ***** never signed our contact, but we do have text confirmations of him confirming he knew of the expectations'

   

  Response:Of course because there was no mention of contract over phone, in person or in email. I'm attaching all the text conversations here- there is no explanation of "expectations" to be found either.

   

  I support local and small businesses. I've been a small business owner myself and I understand the challenges. I believed **** in good faith because I wanted to be part of of a local gym community instead of a big brand. I wish **** did better and was more transparent and honest in order to earn his customer's trust
  
  Sincerely,
  
  ***********************************

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