ComplaintsforZone Fitness Clubs, LLC

• Initial Complaint

  11/29/2022

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  On 4/27/22 I was locked out of this gym during posted hours. On June 8th after 10pm there was a young 5-6 Y/O girl in gym unattended. On 9/7/22 I was accosted by gym employee for asking to turn on the fan overhead. Contacted the owner ********************* on 9/8 and explained what happened. Told him I needed to be assured I'd have a safe space to work out, especially since I've had multiple health issues. He apologized & stated he would make sure it didn't happen again. Returned to gym on 9/13 AGAIN I was harassed & intimidated by same female employee. When I left, I texted ****************** to report how I was treated. I repeatedly asked him to review ************ footage (as I had the first time I contacted him) to confirm this SAME employee's behavior. His text reply was he investigated & addressed claims and his club is a safe place. On September 16th sent a certified letter requesting a FULL refund for annual membership that I prepaid. I included a screenshot of my phone call to gym the night I was locked out, a picture of the child unaccompanied in the gym and detailed account of our communications. I received an email from someone named ***** (whom I've never communicated with) stating my membership would end on 4/20/23. There was never acknowledgement of any wrong doing by this same Employee who was working on all 4 occasions described above & shared with ******************. I did NOT receive a refund as requested in my Certified Letter. Zone Fitness could not assure access to facility during posted business hours, allowed unaccompanied minor children in gym and endangered my health by repeatedly allowing an out of control, overtly brazen & aggressive employee to accost, ****** & intimidate an elderly person while working out. The overwhelming stress of these experiences required me to seek medical attention.

  Business response

  11/29/2022

  To Whom It May ************** have spoken several times to ******************************* regarding this issues she is claiming.  We followed up in a timely manor to understand why the club was locked during the late hours (within hour of closing) and learned that the associate had a concern of a non-member that looked suspicious was in the parking lot.  She posted a sign on the door for members to knock on the door and once ******************** did so, the associate allowed access to the gym immediately.  We found that the associate conducted herself in a professional manor for the safety of herself and members in the Club. Safety is our first concern for our members and staff.
  Furthermore, all claims by ***************** that the associate harassed and intimidated her were investigated.  The issue ****************** claimed was that the associate would not turn on the fans for her and left fans on for other members in the back of the club.   We found this to not be true since the fans were turn on in this section of the Club over the cardio area for Ms. ********* enjoyment when she reguested that the associate turn them on.  We agree the fans should have not been turned off prior to the closing of the Club and addressed this with the associate.   We spoke with members of the Club and verified the fans were turned back on.  This is not a safety issue and we coached the associate that good customer service is to leave on while the buisness is open.  Ms. ********* next issue was also investigated, as we take all situations seriously.   There are rules in the Club that members should not be filing or videotaping without consent.   The associate approach ******************** since she was filming in the Club with her phone and was actually filing the associate and what appeared to be filming other members.  Other members witness this and the associate did ask ******************** why she was filming. We did not find this to be ****** brazen and aggressive conduct by a **** associate since for we reserve the right as a buisness to make sure policies are followed in the Club for the safety, protection, and positive experience for other members who expressed concern.
  Please note the ******* stated herself she to ****************** that she doesnt want the associate fired but wants to make sure its address.  All issues were addressed and reviewed with the associate.  The associate stated she at no time was rude,aggressive, or targeting ***************   A matter of fact, the associate went on to say she continue to welcome ******************* into Zone Fitness Clubs as if nothing ever happened.
  Finally, ******************************* sent a certified letter to cancel her membership.   In compliance with her FL Stated approved signed membership contact for 12 months with Zone Fitness Clubs, we set her membership to expired for her prepaid time per the terms of the contact.  There was no refund issued since Zone Fitness Clubs has a verifiable history of being a very safe space and the associate only acted to ensure a safe space and protect the experience for all members in the Club.
   Even though ******************************* has gone out on social media to post personal attacks against associates of **** Fitness, the Club and posted additional posts on **** Clubs she is not a member of, we have not found any reason to terminate the associate she is claiming harassed her (eyewitness verified and ******* stated she didnt want her fired).  Also, we found no valid reason to fully refund the contact since ******************** used the club on a regular basis and no further issues arose. Zone Fitness clubs will honor the annual 12-month agreement which ******* purchase at a discount. 

  Customer response

  11/29/2022

   
  Complaint: 18468899
  
  I am rejecting this response because:

  The Owner has provided patently false information and failed to provide a safe workout space thereby breaching the contract. 

  *There was no sign on the door a week after I joined the Gym and the Employee closed early.  That's why I had to call after knocking for almost 20 minutes per my telephone call log submitted in evidence. 

  *It's extremely difficult to concentrate/work out in a gym when the Owner allows barefoot underage children unattended in the gym.  Even more so after 10pm at night when young children should be at home in bed. That's why I took a photograph as it was very unnerving.  This has never once been addressed.  It was disturbing and most likely against the law and his insurers requirements.

  *I took a video of the ceiling fans to prove his Employee refused to turn them on for me, but turned them on for Members working out in the back of the gym who came in gym after my arrival. ****************** has my video in his possession.  It was too large to send to BBB but I would be happy to go to a local office and share it with a Representative.  Finally, there were no posted signs about use of camera or video anywhere in the gym.

  *Per his own Errant Employee there are multiple video cameras in the gym.  She pointed them out as the reason she couldn't turn on the fans above me.  Her reasoning was that she was closing up in 45 minutes and the fans would interfere with security system.  I have continuously asked ****************** to review the video footage so he could see that I was simply working out when his Employee came into my Personal Space and accosted me TWICE.  He refuses to address the video footage he is in possession of which would prove my claims that I was accosted on both occasions.  WHY????  

  ****************** should have acted responsibly and come into the Gym after my first conversation and had the Employee apologize.  Instead, even with all the proof I've sent to ****************** of this Employees aggressive behavior, she was emboldened to harrass and intimidate me while working out the very next time I went to the gym.

  He has extremely poor judgement and there are no witnesses to anything he is saying EXCEPT the video camera which he has NEVER once mentioned.  That alone proves ****************** has ZERO integrity.

  Sadly that this could have easily been resolved.  I am a 61 y/o woman who had multiple health issues and have no reason or desire for this type of drama.  *************** giver told me I cannot go back to the Gym due to the negative health effects of this type of systematic abuse.

  In fact ****************** can't seem to even get my name right.  It's ******* which is indicative of his failure to process facts.
  
  Sincerely,
  
  *******************************

  Business response

  11/30/2022

  Hello:
  In response to ******************************* follow up comments, I apologize for any error with spelling of her name in the previous response. 

   Zone Fitness Clubs operates with integrity and the information provided is accurate according to our follow up with the conversations with the associate, other members and information provided by ********************************   We find that there is no evidence that Zone Fitness Club is not providing a safe environment to workout in for ******************************* and all members of Zone Fitness Clubs. 

  Paulinas check-in history is evidence showing 24 visits starting April 21, 2022 to September 14, 2022.  We are happy ******* has been enjoying the Club for a period of 5 months and felt the Club offered the service she was looking for.  ******* approved the purchased a 1 year discounted membership online, has been using it for 5 months and we are happy to honor the terms of the membership which is sent to end April 20, 2023. 

  In response to turning on and off the fans, we do not find this to be a safety issue, harassment issue or a termination offense by the Zone Associate.  We have addressed the associate as we promised ******************************* we would and agree the level of service was below our standards to have fans off prior to closing of the Club, the employee agreed and we have had no further complaints or issues. 

  
  Regarding club etiquette of wearing shoes,all members and guests should wear appropriate footwear at all times in the Club.   This was addressed and resolved.  Furthermore, the Clubs policies on cell phone use and proper shoes while in the Club is detailed on the Zone Fitness Club website in the FAQs section (also in the Club and in paper form) which addresses the conduct we expect to see all members act for the safety and enjoyment during their workouts.  Based on ******************************* comments, it doesnt appear she is aware of them.

  
  In conclusion, based on ******************************* comment she doesnt want to see the associate get fired and our investigation of the issues, we do not see any safety issues being violated, no harassmentand please to inform ******************************* the employee went thru further customer service training. We are please the associate has received many positive comments for her conduct as a long term employee. 

  Customer response

  11/30/2022

   
  Complaint: 18468899
  
  I am rejecting this response because:

  ****************** continues to evade the facts where he has severely breached the contract.

  *I was locked out of the gym during posted business hours

  *A very young barefoot child was allowed in gym unattended after 10pm at night.  Any normal human being would be horrified as would the ****************** of Children & Families.

  ******************* has ignored my requests to look at his very own video camera footage both nights where his young, very fit Employee charged at me while working out on machines.  She boldly came at me & into my personal space aggressively, threateningly as she stated "What are you going to do, write a bad review" when she saw me videotaping the ceiling fans that had been turned on in the very back corner of gym.

  *The result of what ****************** said to his Angry Employee after the first time I reported I was accosted .... only emboldened her to harass and intimidate me immediately upon arrival in my next attempt to safely use his gym.

  *I left both times with an extremely elevated heart rate, stress and trauma.  When a 61 y/o person is accosted while using gym equipment it can have deadly consequences.  That is why my Medical Provider informed me I should not put my health at risk going to Zone Fitness after it happened a second time.

  I request that ****************** release the video footage which would undeniably show the truth of the matter.  No doubt ****************** has purposely chosen to ignore it, as well as the safety and well being of it's members and children.

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

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