ComplaintsforSebastian Gym & Fitness

• Initial Complaint

  05/11/2023

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  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

  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 response

  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

  05/02/2023

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  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 response

  05/02/2023

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

  ********** 

  Business response

  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.

*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. ↩