ComplaintsforEutaw Spa LLC

• Initial Complaint

  07/05/2022

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  The wrong/worst place to be a member. The up keep on every thing sucks. Black mold in places that should be kept clean. When you ask to cancel membership they play around and say that you not updated on your account. They will change dates in their system to make you look like your account not updated had a worker from there to tell me that. The instructors are people from previous classes and isn't experienced in the areas.

  Business response

  09/27/2022

  Business Response /* (1000, 5, 2022/07/12) */ In Reference to case ********* (*****, *****) Mr. ***** signed a 3 year contract with the Spa Fitness and Wellness Center on March 30th, 2022. The contract terms are as follows: 36 payments of $59.95, starting on 04/15/2022, and subsequently drafted every 15th of the month until the end of contract. Mr. ***** first contacted our office, via telephone, on June 17th to request cancellation of his account. We explained that since his payment due on 6/15/2022 was past due, it would have to be brought current in order to qualify for a cancellation request. Mr ***** then claimed that he requested a few days prior, and it was our fault that we didn't cancel his membership before the 15th due date; although, that is not how our cancellation procedures go. First, our cancellation policy is very clear, you have to qualify to cancel. The qualifications are moving out of the area, or becoming disabled. Second, your account HAS to be up to date on payments for cancellation to take place. The process can take up to 30 days from receipt of qualifying documents to the closing of the account. In consideration of the cancellation process, Mr. Bryans account would not have been canceled in 2 days, even IF he sent in documentation proving his "move". He then called on June 27th, told his account manager that he didn't have to make that past due payment because we failed to send his cancellation email on time. She tried explaining the procedures to him, however he continued to repeat himself. He then called the account manager useless before he hung up on her. The documentation that Mr. ***** DID send in on July 7th, included an unsigned internet lease dated for May 25th, 2022 - May 25th 2022, and then a handwritten note from his mom saying that he moved. Neither are acceptable documents to turn in for cancellation. In reference to all of Mr. Bryans other allegations, it seems to me that he is a bit disgruntled that we haven't, and will not, cancel his membership before he qualifies, but more importantly, before he is up to date on payments. Which have always been due on the 15th, and have never been "changed". We welcome any and every one to come tour our facility ANY time and you will see the standards we uphold, and have continued to uphold since opening in 1975. If any further information is needed in this matter, please don't hesitate to contact me. Thank you. Consumer Response /* (3000, 7, 2022/07/13) */ (The consumer indicated he/she DID NOT accept the response from the business.) On June 2 I called to request the cancelation and they said they will email it to me. 2 was went by and I called and they said that the cancellation department lady wasn't in to call back by Friday. This business has the reputation of lying to their members that ask for cancelation and they play around and bs everyone. Yes the spa does have mold and the upkeep is just like Walmart up keep its very sorry. Yes I have moved and I request it on the date I mentioned above. If they continue to misleading everyone I will get a lawyer and I will move forward with my complaint. I also called the front desk where they answered the phone and the girl can confirm the date I first requested the cancellation. The girl already confirmed that date with me twice and the people I have here can also confirm that dare because I had it on speaker. If you read all the other complaints they also said they mess around with cancelation and claim that they were behind. This business has the reputation of messing around and misleading people. Terms for cancelation can also be because of misleading information and not going on their word. Business Response /* (4000, 9, 2022/07/14) */ In Reference to case ********* (*****, *****) Our facility has been open since 1975 and we have always followed the NC State guidelines for standard contracts. The contract signed by Mr. ***** on 3/3/2022 has a clear explanation of how to qualify to cancel. In paragraph #13 of the contract it states, "You must meet one of the following cancellation requirements to be eligible for membership cancellation - 1) Disability; 2) Death; 3) PCS Orders or Permanent Move to a new area where you are 25 miles or more from any Spa/Gym willing to honor your membership. ETS Orders follow the same procedures as a permanent move. TDY Orders may qualify you to make up time missed on your membership due to being out of the area, but do not meet cancellation requirements. Written requests will be reviewed by a designated panel to objectively review facts. If a legal opinion is necessary, legal counsel will review the request and recommend action to be taken. Cancellation requests are normally answered in writing within (30) days. Until you are notified in writing, your Membership/Contract remains in Full Force and Effect. You must continue to make your monthly payments in a timely manner until your cancellation request is approved. Upon approval of cancellation documents and receipt of the $99.00 out processing fee or 25% of the contract balance, whichever is less, you cancellation request can be honored." Mr. ***** does not qualify to cancel based on those guidelines, therefore, will not have his account canceled until he is able to provide necessary documents AND pay that past due balance. At signing, he was provided a carbon copy of his original contract signed; I suggest he review that contract, specifically the cancellation policy. If need be, we can provide a copy as well.

• Initial Complaint

  01/17/2022

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  On 6/01/2021 my husband and I visited this gym to do a free trial, as we were there they split my husband and I up as they began talking up the contracts, benefits, etc. They expressed (verbally) due to our Military Status that we would have specials on pricing and that we could cancel the contract with a one time fee of $99. The sales rep also verbally stated that every day we don't attend the gym, we would get refunded for the charges. In time, my husband and I didn't end up attending the gym due to unforeseen circumstances. During this period of time, the gym froze his account and didn't charge us for his membership. Now that the account is unfrozen, we both expressed wishes to cancel and get our refund for my time not used. I spoke to the corporate office and mentioned the refund we were told we would receive, which then the receptionist stated "They always get that wrong down there, I don't know why they can't explain that correctly, it's a compensation in time, but not financial." I was taken back by this because that was blatant false advertisement. I then proceeded to attempt to cancel in which they are now charging my husband and I each $474.00 per contract to cancel. This charge was not stated anywhere in the contract. My husband and I are still trying to resolve this; and they do not answer the phones at the corporate office and take days to respond to emails. They are still charging our membership fee and we are not attending the gym. I did research on this as well and it seems like there are the same complaints across the board; a simple google review search shows this. I do believe this company is taking advantage of their customers by coercing a contract onto you with unbacked and untrue statements, as well as false advertisement.

  Business response

  07/01/2022

  Business Response /* (1000, 5, 2022/01/24) */ TO: Whom This May Concern; BBB Re: ************** Case #: ******** Good Afternoon, this is in response to the complaint made by Ms. **** (and Mr. ************) on, or around, January 15th, 2022. Ms. **** and Mr. ****** joined our facility on May 16th, 2021; not June 1, like Ms. **** stated in the complaint. The contracts that were agreed upon by them were for 36 month gym memberships. There are several discrepancies in Ms. ****s complaint that I will address separately. -Our sales staff is very well versed in our contracts and cancellation procedures. Yes, we do special pricing for military and spouses. Yes, you can cancel your membership with a $99 fee IF you qualify to cancel; how to qualify to cancel the contractual agreement is gone over at signing, initialed by the member, and is attached to this response, as is our cancellation policy. -The sales staff would NEVER tell a member that if they don't use the gym they will be reimbursed. This is a membership agreement, how often they attend is up to them. We have been in business since 1975 and have NEVER reimbursed anybody for time that they didn't attend our facility. When we spoke about this on the phone on, or around, December 8th, 2021, I explained our "time back policy" and never once blamed the sales staff for "getting it wrong". -We do not freeze memberships. Mr. ******'s membership has NEVER been frozen and his membership has continued to be paid, on time, since becoming a member. Ms. **** initiated cancellation on June 29th, 2021. We e-mailed the cancellation request documents showing how to qualify to cancel, and what documents to return to us. She stated she was only temporarily moving, therefore, not qualifying her to cancel. She asked how to go about cancelling it, and we explained that if she didn't qualify in the contract terms, she would need to speak to her account manager about a buyout. She never did reach out. On December 8th, 2021, she reached out again, stating that they knew they didn't qualify to cancel but needed to. She was under the impression that the $99 early termination fee was the buyout price/option, but when she called our office that same day (and we answered the phone, because we are ALWAYS here during business hours), it was explained to her the difference between the cancellation fee and the buyout option. She asked if I could e-mail her that information on the buyout, and that was sent to her on December 9th, 2021 - also attached. Her main complaint is that the buyout option/price is not mentioned in our contracts, and that is correct - reason being, we have a standard North Carolina legally binding entertainment contract. We do NOT have to legally offer a buyout option; we DO offer it as a courtesy to our members to give them an out of the contract if they don't qualify to cancel per our cancellation policy. Until they qualify to cancel, or purchase the buyout for both accounts, the accounts will remain open and active per the contract that they both signed, and agreed to the terms, on May 16th, 2021. I just noticed that I can not attach the files I was hoping to attach in reference to this response. So, if any further information is needed, please reach out and inform me of where to email it to. Thank you for your time in this matter. Consumer Response /* (3000, 7, 2022/01/25) */ (The consumer indicated he/she DID NOT accept the response from the business.) The gym took both of our ID's at entrance and wouldn't give it back until we filled out their contract, and it felt very pushy. I definitely think that this gym preys on the military community and takes advantage of those that come to check it out.

• Initial Complaint

  07/16/2021

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  Spa and Wellness charged my card for services I didn't use and when they couldn't charge my card anymore they charged me a late fee. I am preparing for personal training services. No where in an contract was it written that paying for services would incur a late fee especially when they are not being used. I requested to cancel my contract and after getting deceptive tactics to get me not to cancel they claim they're sending a cancelation kit which is not in there contract either. They will continue charging g my card even though I asked for them to stop. I am unhappy and no longer wish to use the facility

  Business response

  10/04/2021

  Business Response /* (1000, 5, 2021/07/26) */ Ms. ***** signed a contract with the Spa Fitness and Wellness Center on November 20th, 2020 and then proceeded to sign a contract with Core Fitness (personal training) on November 27th, 2020. This complaint is concerning the Core Fitness contract, so I will focus on that. The contract itself is for 12 months, bi-weekly payment of $60.00, beginning on December 15th, 2020. This specific contract entitles the client to 4 personal training sessions a month at $30.00 a session. The client isn't drafted based on use of sessions, the client is drafted every 1st and 15th of every month regardless of use. Once purchased, the sessions get put into the computer system and are available for use at any time. That is up to the client to schedule and use accordingly. In the contract under "Personal Training Program Services" it explains - "Failure to use the services does not relieve any buyer of their obligations, (regardless of circumstances), to pay fees, late charges and other monies due under this agreement in full." Ms. ***** initially contacted our office via telephone on July 13th, 2021. Her complaint was that she was drafted a $29.00 late fee. After being very rude to her account manager, she was then transferred to the General Manager, where she continued to argue and yell, not allowing her to speak a full sentence. Ms. ***** was very irate and demanded we refund her immediately for everything she has purchased. We tried explaining to her SEVERAL times that WE did not draft her for a late payment - ABC Fitness, our financial company/3rd party billing company was the one who drafted her for that late payment, after they had tried to reach her via text, phone, and email from July 1st, until July 12th, when they finally collected the payment and late fee. We also explained to her that she was not entitled to a refund of any kind, considering the payment was, in fact, late - and we weren't just going to refund her unused sessions just because she was mad. Ms. ***** asked where in the contract it explains that there is a late fee, and in the midst of explaining to her where it was, she would continuously cut us off and argue that we were wrong. Under "Default and Late Payments" on the front side of the contract, it explains that a service fee is added immediately for any past due payment, and after 10 days, a late fee is also added. Those fees are $19.50 and $9.50, respectfully. When ABC Fitness drafts late fees, we do not receive that money as part of our agreement. We tried to explain to her that that was the reasoning we could not give her a refund, and also tried to give her a phone number to ABC Fitness Customer Support, however; all she wanted to do was scream, so we ended the conversation. In the midst of the conversation before hanging up, she said she wanted to cancel everything, so we told her we would send her the information to cancel, which we did, and included a copy of her contract with the cancellation information. We have yet to receive a reply back to that specific email to date. We did, however, receive an email on July 16th, stating "This is an official notification to stop all bank drafts for services through your company. Any further attempts to collect outside this notice is considered fraudulent and unauthorized. No agreement exists to continue payment on my behalf and ABC has no grounds to continue drafts." We immediately removed her from automatic billing, and haven't attempted to draft her since. Doing that, though, does not, in any way, alleviate her of the financial responsibility of the contract. She is responsible for all payments due under the account, until it is paid in full, or until she qualifies for cancellation. On July 19th, Ms. ***** performed a chargeback for the $89.00 payment drafted on July 12th (and it was returned), which put the account into delinquent status. It is to be advised that once an account reaches 90 days past due, it is at risk of being sent to collections. Ms. ***** wants a refund for everything purchased and for her accounts to be cancelled - It is not going to happen until she qualifies to cancel. We have not stepped outside of our realm when it comes to billing, cancellation procedures, etc. Ms. ***** is just mad that she was 12 days late and had to pay a fee to the billing company for being 12 days late. I am truly sorry about that, however, our company was not the one to decline her payment, our company was not the one who drafted her for that late fee, and after trying over and over to explain that to her, it was obvious she did not want to hear it. If anything further is needed in regards to this complaint, please don't hesitate to contact us. Thank you. Consumer Response /* (3000, 12, 2021/08/09) */ I will maintain that no where in agreement did I agree to pay for services not rendered. In the agreement signed with them, there is no agreement or mention of late fees for payments that I prepay for. Spa fitness does not let me attend training without paying prior to the service. They never financed anything on my behalf nor will they let me use the service without first paying. The year they refer to how long I told them I would use there services, this year was presented as way for there company to determine how long I would use the service not an agreement to pay for services for a year. There agreement also doesn't state any late fees for prepay for services Business Response /* (4000, 14, 2021/08/17) */ ****** As stated in the last response, Ms. ***** asked where in the contract it explains that there is a late fee, and in the midst of explaining to her where it was, she would continuously cut us off and argue that we were wrong. Under "Default and Late Payments" on the front side of the contract, it explains that a service fee is added immediately for any past due payment, and after 10 days, a late fee is also added. Those fees are $19.50 and $9.50, respectfully. When ABC Fitness drafts late fees, we do not receive that money as part of our agreement. We tried to explain to her that that was the reasoning we could not give her a refund, and also tried to give her a phone number to ABC Fitness Customer Support, however; all she wanted to do was scream, so we ended the conversation. If I need to attach a copy of her contract, I will do that if necessary. Thank you.

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