ComplaintsforThe KickHouse Parker

• Initial Complaint

  07/18/2022

  Complaint Type:

  Service or Repair Issues

  Status:

  Unresolved

  More info

  The following is a response I sent to KickHouse Parker regarding false advertising and unfair gym membership practices, as well as, unsafe business practices around the classes offered. Any monetary assistance from BBB assisting with this complaint would be that I am charged the full fee for a 6-week challenge class after only 2 weeks, which is inappropriate. My response to the email from KickHouse starts here: As a note of more insight to the KickHouse business practices: While the social media advertisement enticed me to join, it was FALSE and MISLEADING, For example, the ad said to dedicate working out 3 days per week,..but by the time you get to orientation, the challenge is for 6 days per week, WHICH IS UNSAFE TRAINING PRACTICES, especially for beginners. Additionally, the business touts to "go at your own pace" however there are NO BEGINNERS CLASSES AT ALL, save the Technique class, and the push for power and speed during each class are additional UNSAFE TRAINING PRACTICES for beginners. Furthermore, the business undermines the client as their business reasoning for hiring employees: "...Your commitment to our studio allowed us to make business decisions that include hiring staff members and adding or adjusting class schedules to meet the expected future demand..." NO CLIENT IS RESPONSIBLE FOR INTERNAL BUSINESS DECISIONS. The business must have an OPERATING BUDGET, regardless of client attrition. Furthermore, if a client cancels the membership for the challenge, they pay for the entire challenge fee regardless of the full service being offered, which is inappropriate, unfair business practice. This is NOT an attack on any of the trainers As a Registered and Licensed Healthcare Professional in ********, I know the workout practices are unsafe and do not properly or healthily accommodate beginner clients, which is likely 98% of the clientele.

  Business response

  07/28/2022

  A letter dated 7/18/22 came in the mail to my business and stated that you had received a complaint on 7/10/22 from *************************. Please consider this my response to this complaint.

  ************** signed a 12 Month Membership agreement with our studio. We offer these at a discounted rate as compared to our Month to Month memberships. She was receiving the 6 Week Challenge for free as a paying member. I have attached the contract that she signed.

  The advertising states that you get 3 workouts in our studio each week. However, they can take as many as they wish. Attached please find a screenshot of the ad. During the orientation for the challenge, the coach lets them know that for the challenge, they have to take 3 classes each week; however, they are encouraged to workout 5 or 6 days each week for best results. They can do whatever workouts they choose beyond the 3 kickboxing classes each week. They are reminded at orientation that each of them has their own goals.

  The class that is for all levels is Classic Kick. It is a 100% go at your own pace class. There are no calls for any set number of drills to be performed. The participants set their pace, and it's quite obvious to see within each class. Some members are moving slow and taking breaks while others are moving quickly without breaks. The coach shows them the combinations for each round and then sets them free to beat up their bag at whatever pace they desire. Near the end of the workout there are power rounds and speed rounds - again, to be done at your own pace, there is no pace dictated. Power means punch a little harder if you can, speed means go a little faster if you can. The technique class is something that we added for members that want to come in to work specifically on bettering their technique, and it is attended by members of all levels. Our advanced class, PowerKick, is reserved for experienced kickboxers, and the coaches graduate members into that class after they have taken a minimum of 50 classes AND their technique and fitness levels are ready for the level up. This is a franchise and the classes have been designed by health and fitness professionals, not any individual person in my studio.

  Attached is a copy of the email that goes out to members reaching out to cancel their 12 Month contract which may be what ************** is referring to about undermining clients. She said that she was going to submit a doctor's note after a visit to her PCP, but she has not done so.

  Again, ************** did not pay for a challenge, she signed up for a 12 month membership, and received the challenge for free - there was not any additional challenge fee paid by her.

  As for the percentage of our population that are beginners, ****************** estimate is inaccurate. We currently have 30 beginner members in a challenge. We have 631 active members. However, it really isn't a pertinent piece of data since we offer classes that are all self paced for all levels along with access to trainers should they need any exercises modified during classes.

  Please let me know if you require any additional information. 

  Respectfully,

  Customer response

  08/01/2022

   
  Complaint: 17546889
  
  I am rejecting this response because:

   

  8/1/2022
  
  Dear BBB,
  
  The following is my rebuttal to the Parker KickHouse response to my original report to BBB. I intend to demonstrate incorrect/inconsistent/misleading,not fully forthcoming information reported by KH and/or in the advertisements for the kickboxing challenges, and the disconnect from this KH responder as to what actually occurs in the gym when attending classes.
  
  First, the screenshot KH provided of what was offered in the 6-wk challenge is inadequate for the following reasons:
  There is no date on the screenshot KH provided indicating it when it was posted on ******** (which is where I saw it advertised) nor does it distinguish which challenge it pertains to, ie) there are more than one challenge offered/advertised and they are different challenges. See example screenshot of a 28-challenge. No fees posted, or any other parameters:
  
  Additionally as a main issue, I previously reported false advertising for the workout. Notice the screenshot from KH specifically states that the challenge was 3 workouts per week. Of course, a client *** take more workouts weekly if chosen, that is technically a no brainer for attending any gym. However, the point is that the advertisement states a parameter of a service offered, but at orientation, the trainer told me that the challenge ask was for 5 days weekly, and in the group orientation session, this increased to 6 days weekly. This fundamental change in the program in relation to the advertisement:
  Was made after making a financial/contractual commitment to the program
  Negates or conflicts with the original advertisement, and
  Both of these issues are inappropriate for the consumer, as well as demonstrate the old bait and hook marketing tactics.
  This issue extends into creation of a foundation of inappropriate expectations placed on the consumer and negligence for safety ie) no well designed exercise program will start with 5-6 days training weekly. This would be advanced/Olympic level training.
  
  Therefore, clients were not encouraged to get exercise 5-6 days per week in practice, but rather, we were consistently told in many classes to get in 5-6 weekly workouts, and walking does not count as a workout.This *** not be what KH management intended, but it was the actual practice that occurred. I attended 3 classes prior to the challenge beginning, and I attended 2 full weeks of the 6-week challenge before a previous injury kept me from continuing.
  
  Secondly, the aforementioned aligns and is inherent to the complaint that the workouts are not 100% at your own pace, participants do not set their own pace, nor is it obvious as what is seen in class. These KH statements are completely false, this is not what is occurring in actual practice. The classes are not designed by number of repetitions, this is correct. However,the class is divided into generally 3 sections over a 45-minute total workout,including about 3 minutes at the beginning and end of the workout for stretching. Thus, among 3, 15-minute sessions, the first session is generally starting kickboxing maneuvers at a lighter intensity ie) I dont want to hear the punches on the bag terminology from trainer. The second session is full intensity, push hard and I want to hear and see the punches and kicks on the bag. The third session is the power and speed rounds where the trainer states I want to hear and see the punching bag move in response to our punches and kicks. Never did a trainer say go at your own pace during power/speed rounds, or did a trainer encourage the client to go at your own pace, stay within our individual goal,check our exercise heartrate and stay in our appropriate heartrate zone for age.. etc. The pace/intensity is dictated. And, I witnessed that clients are not going at there own pacebut rather slowing down because they can barely keep up with the pace dictated by the trainer. There is no alternative exercise provided if the original is too advanced. And, as mentioned in my original complaint, there is negligence in leading the client properly in the exercise, as I witnessed no one stopping the class early, modifying a movement, or begin stretching to cool down until I initiated this action myself and others then followed my example. This only emphasizes to me that the intensity of the class was too high and that most people are not willing to speak up or do something against what the trainer is asking.  
  
  It is correct that the Classic Kick workout is intended to be an all level workout. However, based on some points above, it is obvious that there is little to no attention to client pace, intensity, or level of safety. Incidentally, there are no clocks on the wall in the gym, nor any safety posters, such as how to determine maximum heartrate based on age, or how and when to take it during exercise.
  
  Thirdly, the client is not responsible for the companies design or offer for discounts, nor was the challenge I signed up for free.Here are some facts:
  
  Below is a screenshot from ******** of the offer for discounted membership fees. Note the date on this advertisement is May 27, 2022, which is about 2 weeks prior to my contract date of June 8, 2022.
  
  
  It is the decisions by KH franchise to offer membership for a 12-month program for a discounted rate of $149.00/month, which includes the 6-week challenge, or to only join the 6-week challenge for a cost of about $444 or $447, which happens to be the same rate for a 3-month membership, as shown in the screenshot, so is that a discount or not? I joined a 12-month program, with the intent that my health commitment to myself was more than a 6-week challenge, I have trained in kickboxing previously, and I had no anticipation that an older injury would cause me to stop this particular form of exercise.  However, KH is incorrect that I received the 6-week challenge for free for the following reasons:
  How KH offers the program is not in my control
  In the end, since I had to stop this type of exercise due to an old injury, with the cancellation fees (and inappropriate cancellation parameters not discussed in original complaint) I still ended up paying more than the 6-month challenge rate of $444-$447. I paid 2 months at $149.00 plus the cancellation fee totals of $344, which is $642.
  Since I could not complete the challenge due to aggravation of a previous injury, I requested that at least KH could compensate me for 4 weeks membership that I could not attend, which would be $149.00. Additionally,I saw my primary care physician on 18Jun2022 and I am waiting for the office to post the doctors note in the patient portal, which I will then forward a copy to KH.
  
  Forth, While I am aware that KH has met the bare minimum legal requirements for gym contracts in ********, I have not even begun to discuss other inappropriate fee charge practices such as $15.00 each time you forget to check-in on a computer device before class, no accommodations for those who need to stop the exercise due to an injury that prohibits kickboxing-type of exercise, nor offers a full service gym to meet the encouragement of working out 5 to 6 days weekly, or proper safety practices,at minimum, posted on the gym walls. It does not make sense to have to return to a workout after 6 months of recovery with expectation that you would not be reinjured in the same manner.
  
  Based on all aforementioned, the 3-day, free cancellation is not an appropriate time period to make this decision. I believe it is important that all people are adequately informed about the caveats to the membership parameters and for those that *** be unforeseen.
  
  
  
  
  
  Sincerely,
  
  *************************

  Customer response

  08/10/2022

  Hello,

   

  As requested, attached please find a copy of the doctor's note posted in my patient portal from New West Physicians ******************* ******, **. Please let me know if you need any more information. 

   

  Best regards, 

  *************************

*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. ↩