ComplaintsforHigher Level Basketball

• Initial Complaint

  05/11/2022

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  In February 2022, ** *** tried out for this basketball organization. They hosted a mini camp to start off their season and our first payment was due prior to the mini camp. This was my first experience with AAU basketball so unfortunately, I paid all of my dues upfront instead of making monthly payments. I thought it was the right thing to do. After the disaster mini camp, I found out one of the coaches quit and several other kids as well. ** *** decided that it wasn't the right fit for him and we decided to take our business elsewhere along with several other kids in the same age group. Other parents received their money back, except us(the people that paid in full). I have emailed *** ***** several times and he refuses to return the money. My next move was to write reviews and warn everyone else about the thief that runs this program. Buyer beware. He has kept $640 of my money. Mr ******* attorney has tried to settle for $325, but the cost of the fees incurred while ** *** was there was no where near $300. I have offered to pay for our portion of the mini camp and the gym fees for the 3 practices ** *** attended.

  

  Business response

  06/09/2022

  Official, Full Response for Better Business Bureau complaint

  On Behalf of Higher Level Basketball, LLC

                                                                                                                                      Tue 5/31/22

   

  Situation genesis

  Complaint submitted came after situation where a player/parent attended Higher Level Basketball, LLC (HLB) pre-tryout workouts, tryouts, was placed on HLB’s 9^th travel team, attended the team kickoff/business meeting for all 9^th graders and parents, then practiced for a week with that team.  Subsequent to that, the player attended an out of town mini camp.  All of these activities before deciding to go elsewhere to workout/tryout and subsequently choose to play elsewhere, notifying HLB after the fact of that action and decision.

   Stated HLB Team Policies & Exit Process

  HLB adopted the related policies/process for teams and training/clinics in 2013 and updated it in 2019. Policy was put in place to protect those customers/clients who DO fulfill their commitment to play with their respective teams, in order to ensure those customers aren’t left with an unfair portion of expenses added on to their totals after the fact. Policy tenets:

  ·   Once teams are selected, they are posted to all via the Team Details email, within 24 hrs of end of tryouts

  ·   Also posted at that time in the Team Details email is the amount per player due, which is the total of team expenses divided by the number of total maximum player slots allowed for that roster.

  ·   Policies explicitly state beyond 24 hours after rosters are published, any player wishing to leave must follow exit process. Exit process says that players/parents remain responsible for their share of expenses until a replacement is found to assume financial share from that point forward. 

  ·   Advance notification of a desire to leave is also explicitly requested to jump start any replacement process needed & reduce any burdens and costs to all parties involved.

  ·   Policy was formed in consultation with HLB legal partners (2 firms, 3 attorneys) and has been enforced previously in a legal proceeding. Again the policy is designed to keep those that follow through and play in the season from having to shoulder additional expenses from anyone who has left without following the stated policy and associated process.

   

  There is also an accompanying Refund policy covering teams and training which re-states the above, which is posted on the main marketing site, as well as linked on every page of the parent online portal.

   Team Policy posting & dissemination

  The above process is communicated via the Team Handbook which is posted on every parent’s online dashboard in the online portal, ******************.  Policy is also referenced at the in-person team kickoff meetings.  Refund policy is posted on EVERY parent portal page as well the marketing site. As part of parents/guardians setting up their ************** accounts, they also complete a waiver covering medical releases, covid-19 policy and that they have viewed the appropriate Parent Information video and understand all policies. 

   Specific Chronology, Notes and Correspondence related to Complaint/Situation

  • Player attended 2 pre-tryout informal workouts at urging of a coach who was being considered for a spot to coach with 9^th boys teams. (See notes below on specifics-that coach was NOT formally associated with HLB at that time & subsequently never hired/offered an independent contractor agreement, NDA or w9)
  • Player attended tryouts 3/5/2022 and was selected to participate on HLB 9^th boys “travel” team coached by ***** ******, boys overall 9^th head coach.
  • Parent completed ************** online account setup on 3/5/2022, including creating login, inputting player information and completing program waiver acknowledgement.
  • Team Details email sent on Sun 3/6/2022, 10:19 am with roster and the slots filled/available on each of HLB 9^th teams. Email also included time/date/site for Team Kickoff meeting that same night, as well as budget amount shares due for each player.
  • Player and parent attended Team Kickoff meeting 3/6/2022, 445 pm, 1^st Baptist gym where Team Details email was reviewed and team policies covered + upcoming mini camp and other team logistics.
  • Player attended practices on 3/7/2022 and 3/10/2022
  • Player attended annual mini camp for all teams Fri evening 3/11/2022 through Sun morning 3/13/2022. 5 total practices.
  • Email sent to HLB Mon night 3/14/2022 by parent indicating player now wished to play elsewhere. HLB contacted by other organization to say player had been there earlier that evening to tryout with their team.
  • Response sent by HLB administrator same night, 3/14, indicating that was not how things worked (re: exit process) and offered to talk more about situation the next day.  Additional response from parent indicated aforementioned coach would not be with HLB, then a 2^nd response the following day indicating there was no affiliation with that coach and asking about refund status. No acceptance of offer to discuss.
  • Request for refund and all related emails were forwarded to HLB’s CFC (chief financial consultant) for review on matter.  Email/phone calls were started to try to find a replacement player.
  • Parent sent follow up email on 4/4/2022 threatening legal action and disparaging administrator.  At that time, all materials, information and correspondence were forwarded to HLB legal partners per HLB procedure in any event of possible legal proceedings.  Administrator & staff informed as of that time to not communicate or respond in regards to the matter given the threat of litigation.
  • Case reviewed by legal partners and HLB informed that polices and processes were followed as setup in company stated documents/procedures.  Based on that and fact that in another previous similar case from 2014, same policies were applied and confirmed legally as sound and fair, HLB was advised to continue to follow policies as stated.
  • Additional email received from player’s grandmother 4/14/2022 also threatening legal action + threat to disparage and defame HLB reputation across social media.  Additional claim made that all of player’s expenses were actually paid by grandmother.
  • Replacement player identified 4/16/2022 and offered the open position, which was accepted for player to start on 4/19/2022.  Information relayed to legal partners and to CFC. CFC calculated amount of season remaining and forwarded figure to legal representative that could be refunded ($325) to parent at that time in keeping with policies.  That information forwarded to parent by 1 of legal partners, ********* *** ******.  Request made for acceptance of offered partial refund within 5 days. Amount of refund offer set aside in holding account.
  • Offer rejected on 4/22/2022.   Refund amount remained held in escrow in holding account. Designated to be so held through 6/30/22.

   

   

  p2

   

   

  Specific Issues Raised: Responses and Notes

   

  (1)    Coach Issue: Parent making complaint indicated in correspondence that a reason they were leaving HLB was due to a coach leaving HLB’s 9^th teams.  The coach in question was NEVER hired as a coach by HLB.  Regardless of what this individual may have represented to others, he was only under consideration to coach with HLB.  Senior team staff and our high school team coordinator met with this coach, at which time he provided a lot of information to said staff that needed to be vetted as well as this coach needing to be background checked.  He was allowed to attend the pre-tryout informal workouts, to which he was late for both, and then our tryout, to which he didn’t attend until the last 20 minutes. Meanwhile, some of his statements to HLB staff were checked and red flags arose from that process as well as some additional information provided to HLB during the background check. This coach indicated frustration with the hiring process as HLB was working on vetting him and his background. HLB’s administrator invited the coach on 2 occasions to meet in person to discuss – neither of which he took advantage of.  Ultimately over this period, it was decided that HLB could not verify enough information as accurate and decided they could not hire this coach.  In the preparation and investigation regarding the circumstances around this complaint, it was found that this person apparently represented himself officially as one of HLB’s coaches to multiple parties, including the high school varsity and jv coaches attended by the player in the complaint.   That high school coach indicated his displeasure with this other coach and that he misrepresented himself to him and his staff as well.

   

  (2)    “Teams were not set”: in the parent’s rejection email to the partial refund offer made 5/19, the parent stated that teams were not set as of the date of 3/6/2022.  This is factually incorrect.  The Team Details email was sent at 10:19 am on Sun 3/6/2022 and listed players selected for each team as well as the # of slots that would be on each roster (9 slots.)  This notification was well covered in the initial Parent information videos required of all that tryout for a team at HLB and that was acknowledged in the player waiver and acknowledgement on **************.  That was then reinforced at the team kickoff meeting on Sun evening 3/6/2022 at which the parent was an attendee.  The parent then followed through with spring team fee payment 4 days later during the 1^st week of practice, prior to the mini camp.

   

  (3)    “Players change teams all the time” 

  This statement was made in multiple correspondences by the parent.  While some organizations may work that

  way, HLB does NOT and has not since its team program inception in 2006.  Per stated policies, HLB does

  NOT want a lot of turnover in team personnel. This can be backed up by if necessary by dozens of statements

  from parents/players who are previous participants on HLB teams over the last 15 years.  In addition, HLB’s

  legal partners have reached out to more than 15 other similar organizations and AAU style teams in KY, 2

  prominent organizations in OH and the largest team organization in the state of IN.  NONE of those contacted

  said they have players changing teams “all the time” – in fact, almost every one contacted indicated they do

  NOT want players moving around as that makes it hard to manage the teams and logistics.  If needed, HLB can

  provide emails, texts to support this information

   

  (4)    “Several other players quit/left”

  This statement was made on a couple of occasions in correspondence by the parent.  HLB had 8 teams for spring of 2022:  five high school level and three middle school level – with a total of 76 players participating on spring teams.  There were three (3) players who left their team after team rosters were posted. Besides the player of this parent in the complaint, the other 2 who left were classmates of this same player – they attend the same high school, in the same grade and played on the same high school team this past season.  Those were the ONLY players who voluntarily left HLB’s spring teams.  There were 2 others who did not complete the spring season due to injury – a 10th grader that fractured an ankle at Central HS in an open gym and one 11^th grader who fractured his knee in a game in 2^nd tournament for HLB.

  p3

   

  (5)  There were only 2 refunds issued at all in spring 2022.  The first was for the player referenced above who fractured his ankle.  They received a partial refund of expenses for anything paid beyond his date of injury.  The other was 1 of the 2 classmates of the parent’s player who was listed above.  This player’s parent gave us immediate notice within ½ hour of the end of mini camp that they did not feel HLB was a proper fit and requested if they could get a partial refund.  HLB’s administrator responded that he would need to check with the CFC on that and see if they could find a replacement.  A replacement player was found the following day after a call from another local area high school about one of his freshmen wanting to play on our local (non-travel) 9^th grade team.  HLB’s CFC calculated a partial refund that was then made to that leaving parent – again in keeping with stated policies.  Although not very much in the way of notice, this parent at least made an effort to give some notice.  This same process was followed in that case as in this one with a partial refund offered when the spot was replaced – again in keeping with state policies and past precedents.

   

  (5)  Team kickoff meeting reference on HLB helping parents

     In the rejection response of the partial refund, the parent referenced the video of the Team kickoff meeting and a

     portion at 28:51 quoting that HLB administrator said “we will work with you for any reason.”   This is factually false and HLB can/will provide copies of either/or that segment of the video or the entire 59 minute video of that meeting.  The statement referenced came in a segment of that meeting in which the administrator was referring for anyone who had special circumstances financially and may need special payment arrangements for their fees.  In all of HLB’s stated and standing policies for such situations, the business offers to work with such situations on a case by case basis as much as it can to assist with special arrangements where finances are tight.  That segment also references that that decision on IF and HOW any special arrangements can be made is based on information provided to HLB’s CFC for evaluation.  What the parent did NOT reference was that right around that 28:51 mark, the HLB administrator specifically began talking about IF there were any need for players to exit early and how it was absolutely mandatory that that process be followed so that other parents/players were not left “holding the bag” (direct quote.) Additionally, the administrator addressed that while on one hand, HLB wanted to try and do right by the leaving party, its primary concern – in terms of legal, ethical and fiduciary duties – was to make sure none of the remaining parties who were NOT leaving to be jeopardized in any way.  It was explicitly stated in this section, that it was NOT ok to just leave and “stop showing up” (direct quote from meeting/video) and expect everyone else to then have to pick up the slack.  

   

   

  Supporting Documentation

  Team Handbook of Policies

  Refund Policy Copy and Screenshot of posting for all online pages

  Team Details email copy

  Screenshot of Parent completed Waiver and program Acknowledgement

  Email correspondences related to complaint

  Attorney letter offering partial refund per stated policies

  Chronology of dispute

   

  Additional supportive background documentation

  Team coordinator direction/guidance for Team setup. Internal guidance document.

  Team coordinator direction for Team budget process.  Internal guidance document.

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